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BALL v. LEBLANC

No. 17-30052.

881 F.3d 346 (2018)

Elzie BALL; Nathaniel Code; James Magee, Plaintiffs-Appellees, v. James M. LEBLANC, Secretary, Department of Public Safety and Corrections; Darrel Vannoy, Warden, Louisiana State Penitentiary; Louisiana Department of Public Safety and Corrections; Warden James Cruz, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed January 31, 2018.

Attorney(s) appearing for the Case

Mercedes Hardy Montagnes , Promise of Justice Initiative, New Orleans, LA, Nilay U. Vora , Jeffer Mangels Butler & Mitchell, L.L.P., Los Angeles, CA, for Plaintiffs-Appellees.

Colin Andrew Clark, Esq. , Elizabeth Baker Murrill, Esq. , Winston Eric White , Assistant Attorney Generals, Office of the Attorney General for the State of Louisiana, Jeffrey K. Cody, Esq. , Mary E. Roper, Esq. , Shows, Cali & Walsh, L.L.P., Baton Rouge, LA, for Defendants-Appellants.

Before SMITH, BARKSDALE, and HIGGINSON, Circuit Judges.

Elzie Ball, Nathaniel Code, and James Magee are death row inmates in the Louisiana State Penitentiary ("LSP") and are housed in cells without air conditioning. The three sued in 2013, claiming a violation of the Eighth Amendment. Their case comes to us for the second time, after a different panel found that an Eighth...

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