Daves v. Dallas County- Update- 5th Circuit Issues Stunning Rebuke of Plaintiffs and ODonnell Case


Shocking News.  The Fifth Circuit handed down the long awaited opinion in the Daves case today.  The court starts the opinion by stating the following:

"In a second round of en banc review, we conclude that this case, whose aim was to revise by federal decree the Texas state court pocedures for felony and misdemenaor pretrial bail, should neer have been brought in federal court."

This is the second en banc decision handed down by the 5th Circuit in the case.  The court remands the case with instructions to DISMISS.

The court holds that the trial court should have abstained from hearing the case.

To see the opinion CLICK HERE.

This is a rapidly moving story.  More to follow.

Impressions-

ODonnell should never have been filed.  The county has spent over $100 million to implement a settlement that the trial court 

How does this impact the Russell v. Harris County case pending in federal court in Houston?

How does this impact the Booth v. Galveston County case pending at the 5th Circuit on appeal from Galaveston federal court.

More to come . . .


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