Johnny J. E. Meadows v. Lon Evans, Sheriff, Tarrant County, Texas

Fifth Circuit

Johnny J. E. Meadows v. Lon Evans, Sheriff, Tarrant County, Texas

550 F.2d 345, 1977 U.S. App. LEXIS 13905

Court of Appeals for the Fifth Circuit·Decided April 8, 1977·No. 74-3362·Published·Cited by 59 cases

Opinions

PER CURIAM:

This case was decided by a divided panel of this Court, the opinion being reported at 529 F.2d 385 (5th Cir. 1976). Petition for rehearing en banc was granted. Meadows v. Evans, 529 F.2d 387 (5th Cir. 1976). After additional briefing and oral argument, the en banc court has decided to adhere to the majority opinion of the panel, so that opinion now states the position of the en banc court on this case.

Accordingly, the en banc court reverses and remands this case to the district court first, for consideration of any damage claims made for asserted deprivations during confinement, which can be made without exhaustion, and second, for consideration of whether claims going to the involuntariness of the confession, which claims cannot proceed prior to exhaustion of state Remedies, should be held in abeyance rather than dismissed in light of the statute of limitations problem inherent in dismissal.

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PER CURIAM:

This case was decided by a divided panel of this Court, the opinion being reported at 529 F.2d 385 (5th Cir. 1976). Petition for rehearing en banc was granted. Meadows v. Evans, 529 F.2d 387 (5th Cir. 1976). After additional briefing and oral argument, the en banc court has decided to adhere to the majority opinion of the panel, so that opinion now states the position of the en banc court on this case.

Accordingly, the en banc court reverses and remands this case to the district court first, for consideration of any damage claims made for asserted deprivations during confinement, which can be made without exhaustion, and second, for consideration of whether claims going to the involuntariness of the confession, which claims cannot proceed prior to exhaustion of state Remedies, should be held in abeyance rather than dismissed in light of the statute of limitations problem inherent in dismissal.

Johnny J. E. Meadows v. Lon Evans, Sheriff, Tarrant County, Texas, 550 F.2d 345, 1977 U.S. App. LEXIS 13905 (5th Cir. 1977).

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