×
You've used up your 3 free articles for this month. Subscribe today.
TDCJ Not Immune from Suit in Medical Malpractice Death Case
Loaded on June 15, 2002
published in Prison Legal News
June, 2002, page 27
A Texas state court of appeals has held that the Texas Department of Criminal Justice (TDCJ) does not enjoy sovereign immunity from being sued in a medical malpractice/wrongful death case.
Filed under:
Civil Procedure,
State Law Claims,
Sovereign Immunity,
Medical Neglect/Malpractice.
Location:
Texas.
Charles Edwin Miller, III, was a Texas state prisoner at the Huntsville Unit of the TDCJ. On August 24, 1994, …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Collateral Damage: The Children of Prisoners, by Tom Lowenstein
- Oregon Bulk Mail Ban Struck Down Again
- From the Editor, by Paul Wright
- Prisoner Killed in California Prison, by Michael Rigby
- $525,000 Paid in California Prisoner Beating Death
- Habeas Hints: Post Conviction Relief, by Kent Russell
- Book Review: The Prisons by Maggie Jaffe, by Michael McIrvin
- Dominican Women Prisoners Strike for Conjugal Visits, by Julia Lutsky
- U.S. Supreme Court Holds Warrantless Probationary Searches Are Valid
- The Death Penalty in the U.S.A. -- Past, Present, and Future, by Roger Hummel
- $540,000 Settlement in Minnesota Jail Beating
- $540,000 Settlement in Minnesota Jail Beating, by Robert Woodman
- Ex-Ohio Sheriff's Deputy Wins $650,000 Verdict Against CMS for Prisoner Escape
- Two Federal Courts Grant Injunction for HCV Treatment
- U.S. Supreme Court: Administrative Exhaustion Required for All Prisoner Section 1983 Suits, by John E Dannenberg
- Summary Judgment Denied in Ohio Jail Booking Fee Challenge, by Robert Woodman
- U.S. Supreme Court: Qualified Immunity Determination Must Precede Trial on Merits, by John E Dannenberg
- $1,500 Awarded in New York Slapping Case
- Punch & Jurists: Criminal Law News You Can Use, by Paul Wright
- California Jury Awards $1 Million in Jail Rape
- Disciplinary Board Must Assess Confidential Informant's Reliability
- Third Circuit Vacates $300,000 Beating Award, Orders New Trial
- New Mexico Caps High Telephone Rates
- Three Arkansas Guards Sentenced in Beating
- Washington Infraction Invalid Where No Notice of Prohibited Conduct Given
- ADA/RA Suit for Sign Language Interpreters Proceeds for Prospective Injunctive Relief, by John E Dannenberg
- Forced AA/NA for Parolee Defeats Qualified Immunity
- Tenth Circuit Vacates Religious Diet Awards Under PLRA Physical Injury Rule
- TDCJ Not Immune from Suit in Medical Malpractice Death Case
- California Jail Settles Rape Case for $95,000
- Denial of Grievance Forms Is Denial of Remedy
- Jail Policy to Not Segregate Gangs Does Not Violate Constitution, by John E Dannenberg
- Texas Appeals Court Grants Prisoner Mandamus on Discovery
- Complaints Must Be Concise, To the Point
- News in Brief
- California Guards Bust Budget, by Willie Wisely
More from these topics:
- $4.5 Million Paid by Cook County for Detainee Suicide in Chicago Jail, Aug. 1, 2026. Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Suicides, Administrative Detention/Segregation, Deliberate Indifference.
- Death of Seattle Detainee—Jailed Despite Not Being “Grounded in Reality”—Costs King County $3.5 Million Settlement, Aug. 1, 2026. Restraints, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness), Monell Liability.
- $10.19 Million Paid for Retired California Prison Guard’s Death in Colorado Jail, Aug. 1, 2026. Failure to Treat, Stun Guns/Tasers, Failure to Train/Supervise, Medical Neglect/Malpractice, Deliberate Indifference.
- $3.25 Million Paid by Georgia After Prisoner Bakes to Death in Outdoor Recreation Cage, Aug. 1, 2026. Failure to Treat, Exposure to Heat, Settlements, Medical Neglect/Malpractice, Deliberate Indifference.
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026. Sovereign Immunity, Religious Practices, Religious Property, First Amendment, rights, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- $100,000 Paid to New York Detainee Whose Infant Died in Syracuse Jail, Aug. 1, 2026. Naphcare, OB/GYN, Failure to Treat, Medical Neglect/Malpractice, Deliberate Indifference.
- Nevada Prisons Are Facing a Medical Crisis Due to Understaffing, Aug. 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Staffing, Medical Neglect/Malpractice.
- Court Records Reveal Alabama DOC Guard Ignored Stabbed Prisoner, Aug. 1, 2026. Guard Misconduct, Medical Misconduct, Failure to Treat, Medical Neglect/Malpractice, Deliberate Indifference.
- Tulsa Jail Shutting Down After Investigative Reporting on Detainee Deaths, Aug. 1, 2026. Contractor Misconduct, Systemic Medical Neglect, Staffing, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- He Died in a Florida Jail. The Company in Charge Should Have Sent Him to the Hospital, Experts Say., July 1, 2026. Armor Correctional Health Services, Systemic Medical Neglect, Medical Neglect/Malpractice.

