Legal Opinion

Joseph Garcia v. Carmella Jones

Court of Appeals for the Fifth Circuit

Decided December 2, 2018No. 18-70031PublishedCited by 8 opinions

1Per curiam

Joseph Garcia was sentenced to death by a Texas jury and is scheduled for execution on December 4, 2018. Garcia filed a complaint under 42 U.S.C. § 1983 against the Texas Governor and the members of the Texas Board of Pardons and Paroles (the Board) alleging that the Board's composition violated his Eighth and Fourteenth Amendment rights and seeking declaratory and injunctive relief, including a preliminary injunction staying his execution. The district court denied Garcia's motion for preliminary injunction and dismissed his § 1983 complaint with prejudice pursuant to 28 U.S.C. § 1915A.…

2Cases cited12 opinions

  1. Greenholtz v. Inmates of the Nebraska Penal & Correctional ComplexSupreme Court of the United States · 1979
  2. Connecticut Board of Pardons v. DumschatSupreme Court of the United States · 1981
  3. Ohio Adult Parole Authority v. WoodardSupreme Court of the United States · 1998
  4. Byrum v. LandrethCourt of Appeals for the Fifth Circuit · 2009
  5. Legate v. LivingstonCourt of Appeals for the Fifth Circuit · 2016

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3Cited by8 opinions

  1. Alliance Hippocratic Medicine v. FDACourt of Appeals for the Fifth Circuit · 2023
  2. Herbert v. St James Parish School BoardDistrict Court, E.D. Louisiana · 2025
  3. M.W. Prince Hall Grand Lodge, Free and Accepted Masons of Louisiana, Inc. v. Conference of Grand Masters Prince Hall Masons, IncDistrict Court, E.D. Louisiana · 2024
  4. Robertson v. Louisiana Board of PardonsDistrict Court, M.D. Louisiana · 2023
  5. Western Surety Company v. Magee Excavation & Development LLCDistrict Court, E.D. Louisiana · 2023

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