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599 F.2d 620

Docket No. 79-2621.

Williams v. Briscoe

Fifth Circuit Court of Appeals

Decided July 10, 1979.

Fifth Circuit Court of Appeals · decided 1979-07-10

Cited by 5 later decisions — most recently March 1981

4 federal appellate ·

2 counsel of record

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Greenholtz v. Inmates of Nebraska Penal and Correctional Complex · United States v. Louisiana · Groendyke Transport, Inc. v. Davis

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1979-07-10

View the full empirical analysis of this case →

¶1*621Samuel E. Williams, pro se.

¶2Mark White, Atty. Gen., Austin, Tex., for defendants-appellees.

¶3Before AINSWORTH, CLARK and VANCE, Circuit Judges.

¶4PER CURIAM:

¶5This is a civil rights case brought under 42 U.S.C. § 1983 and other cited statutes by a Texas state prisoner against various officials of that state. Plaintiff seeks declaratory, monetary and injunctive relief because of alleged denial of substantive and procedural due process in connection with the Texas Board of Pardon and Paroles’ consideration of his eligibility for parole. His major complaints are that (1) his past criminal record was considered by the board; (2) he was not allowed to appear and present evidence; (3) he was not given the minutes of the meeting; (4) he was not permitted to challenge the board’s decision; and (5) the board has established a discriminatory scheme to determine parole eligibility.

¶6Correctly applying fifth circuit precedents, the district court dismissed the complaint for failure to state a claim.

¶7Subsequently, the Supreme Court announced its opinion in Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex, - U.S. -, 99 S.Ct. 2100, 60 L.Ed.2d 668 (1979). Greenholtz is in general accord with prior decisions of this circuit. It held, however, that the expectancy of release provided in the Nebraska parole statute then under review was entitled to a measure of constitutional protection. Significantly, the court also stated “. . whether any other state statute provides a protectible entitlement must be decided on a case-by-case basis.” Id.at -, 99 S.Ct. at 2106. The analysis of the Texas statute required in this case can better be conducted initially by the district court rather than on appeal.

¶8The case comes to us only on plaintiff’s Motion for Leave to Proceed on Appeal In Forma Pauperis, but it is now ripe for summary disposition.1 The motion is granted; the clerk is instructed to docket the case; the district court’s judgment of dismissal is vacated and the case is remanded for further proceedings. Specifically contemplated is a determination of the effect, if any, of Greenholtz under the Texas statute. Texas Adult Probation, Parole and Mandatory Supervision Law, Tex.Code Crim.Proc. art. 42.12 (Vernon’s 1979).

¶9VACATED AND REMANDED.

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