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MEZA v. LIVINGSTON

No. 09-50367.

607 F.3d 392 (2010)

Raul MEZA, Plaintiff-Appellee-Cross-Appellant, v. Director Brad LIVINGSTON, Executive director of the Texas Department of Criminal Justice, in his official capacity; David Gutierrez; Charles Aycock; Conrith Davis; Jackie Denoyelles; Thomas Leeper; Juanita Gonzalez; Rissie L. Owens; Stuart Jenkins, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

May 20, 2010.

Attorney(s) appearing for the Case

Scott Charles Medlock (argued), James C. Harrington, Texas Civ. Rights Project, Austin, TX, for Meza.

Thomas Matthew Lipovski (argued), Austin, TX, for all Defendants.

Celamine Cunniff, Asst. Atty. Gen., Law Enforcement Defense Div., Austin, TX, for Livingston and Jenkins.

Bruce Russell Garcia, Asst. Atty. Gen., Law Enforcement Defense Div., Austin, TX, for Gutierrez, Aycock, Davis, Denoyelles, Leeper, Gonzalez and Owens.

Before DAVIS, WIENER, and SOUTHWICK, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Texas parolee Raul Meza, who has never been convicted of a sex offense, sued the defendants, all employees of the Texas Board of Pardons and Paroles ("the Board") and the Texas Department of Criminal Justice—Parole Division ("the Department"), for violations of his right to due process after the defendants attached sex offender conditions to his mandatory supervision. This court has made clear that sex offender conditions may...

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