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As amended August 28, 2001.

Appeal from the United States District Court For the Western District of Texas

The chairmen and members of the Texas Board of Pardons and Paroles and of the Texas Board of Criminal Justice, in their official capacities, appeal from the judgment below awarding attorneys’ fees to plaintiffs’ counsel in this class action by Texas prisoners. Following our reversal on the merits of the prisoners’ constitutional claims, see Johnson v. Rodriguez, 110 F.3d 299 (5th Cir. 1997), the magistrate judge ordered the defendants to pay $471, 946.05 in attorneys’ fees and expenses, finding that the prisoners were a prevailing party pursuant to the “catalyst theory” of legal relief. The Supreme Court has since rejected reliance on the “catalyst theory” as a basis for awarding attorney’s fees under fee-shifting statutes authorizing awards to the “prevailing party.” See Buckhannon Bd. & Care Home, Inc. v. W. Va. Dept. of Health & Human Res., — U.S. –, 121 S.Ct. 1835 (2001). Accordingly, we reverse the magistrate judge’s determination that the prisoner class is a “prevailing party” under 28 U.S.C. � 1988. Finding no other basis on which attorneys’ fees might be awarded, we vacate the magistrate judge’s order.

 
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