CAMPBELL v. KLEVENHAGEN

Civ. A. No. H-91-339.

760 F.Supp. 1206 (1991)

James CAMPBELL and Felix Sanchez, Petitioners, v. Hon. Johnny KLEVENHAGEN, Sheriff of Harris County, Texas and Hon. William T. Harmon, Judge of the 178th Judicial District Court of Harris County, Texas, Respondents.

United States District Court, S.D. Texas, Houston Division.

March 5, 1991.


Attorney(s) appearing for the Case

William W. Ogden, Liddell Sapp, Zivley, Houston, Tex., for Campbell.

Tom Godbold and Bill Boyce, Fulbright & Jaworski, Houston, Tex., Stanley G. Schneider, for Sanchez.

Harris County Atty., Houston, Tex., Ann Hardy, for respondents.


FINAL JUDGMENT

HOYT, District Judge.

The Court has reviewed the Report and Recommendation in this cause. The findings of fact and conclusions of law are adopted.

Because the adjudication of contempt is an unconstitutional violation of the petitioners' qualified privilege under the First Amendment, it is:

ORDERED that the application for writs of habeas corpus is GRANTED and the sentences of 30 days each and the fines of $500 each are set...

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