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Property Use Versus Non-Use Texas Tort Claim Standard Explained in Medical Death Claim

Loaded on April 15, 2003 published in Prison Legal News April, 2003, page 24
Filed under: Medication, Civil Procedure, State Law Claims, Sovereign Immunity, Medical Neglect/Malpractice. Location: Texas.
by Matthew T. Clarke

The Texas Supreme Court (TSC) has held that using pain medication to fatally mask meningitis symptoms was not a "use" of tangible state property within the meaning of the Texas Tort Claims Act, § 101.021(2) (TTCA).

The surviving spouse and children of a Texas prisoner sued ...

 

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  2. Florida Jury Awards $390,000 Over Defective Prison-Produced Chair
  3. Florida PLN Writer Settles Retaliation Suit for $3,000, by David Reutter
  4. Prison Labor Losing Popularity in Oregon, by Gary Hunter
  5. From the Editor, by Paul Wright
  6. Pro Se Tips and Tactics, by John Midgley
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  9. Texas Grants Prisoners Right to Forensic DNA Testing
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  11. Wyoming Jail Must Disclose Suicide Prevention Critique
  12. Rehabilitation Act, Title II of ADA, Held Unconstitutional
  13. Delay in MAP Implementation Violates Washington Law
  14. PI Issued in Arizona Internet Communications Ban, by John E Dannenberg
  15. California Approves Forced DNA Extractions
  16. Forced DNA Sampling of California Prisoners Upheld
  17. Murder, Mayhem, Corruption and Snitches: BOP Florence Exposed, by Bob Williams
  18. Arizona Guards Continue to Rape Prisoners, by Michael Rigby
  19. New Jersey Jail Guards Awarded $1.2 Million Following Retaliation for Protesting Jail Conditions
  20. California Guards Convicted of Arranging Prison Beatings, New Conspiracy Accusations Leveled
  21. Georgia Parole Board's "90% Policy" Ruled Ex Post Facto
  22. $400,000 Jury Award in Illinois Ruptured Appendix Suit
  23. PLRA Requires More Than De Minimus Physical Injury
  24. Property Use Versus Non-Use Texas Tort Claim Standard Explained in Medical Death Claim
  25. Idaho Free Speech Claim Reinstated, Voluntary Dismissal Clarified
  26. State Tolling Statute Applied in § 1983 Action, by John E Dannenberg
  27. Warden, Security Director Liable for Iowa Guard's Sexual Assault of Prisoner, $45K Verdict Upheld
  28. Vermont DOC Must Comply with APA for Rule Changes in Furlough Program
  29. Book Review: Law and the Rise of Capitalism, by Peter Wagner
  30. $4.47 Million in Washington Negligent Supervision Settlements and Verdicts
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