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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
by Matthew T. Clarke
Filed under:
Medication,
Civil Procedure,
State Law Claims,
Sovereign Immunity,
Medical Neglect/Malpractice.
Location:
Texas.
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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More from this issue:
- Statutes Affecting Disabled Prisoners, by Daniel E. Manville
- Florida Jury Awards $390,000 Over Defective Prison-Produced Chair
- Florida PLN Writer Settles Retaliation Suit for $3,000, by David Reutter
- Prison Labor Losing Popularity in Oregon, by Gary Hunter
- From the Editor, by Paul Wright
- Pro Se Tips and Tactics, by John Midgley
- PLN Settles Oregon Censorship Suit for $55,414.31
- Interest on Washington Restitution Cannot Be Suspended
- Texas Grants Prisoners Right to Forensic DNA Testing
- Sole Washington Woman Civil Commitment Taxes System, by Lonnie Burton
- Wyoming Jail Must Disclose Suicide Prevention Critique
- Rehabilitation Act, Title II of ADA, Held Unconstitutional
- Delay in MAP Implementation Violates Washington Law
- PI Issued in Arizona Internet Communications Ban, by John E Dannenberg
- California Approves Forced DNA Extractions
- Forced DNA Sampling of California Prisoners Upheld
- Murder, Mayhem, Corruption and Snitches: BOP Florence Exposed, by Bob Williams
- Arizona Guards Continue to Rape Prisoners, by Michael Rigby
- New Jersey Jail Guards Awarded $1.2 Million Following Retaliation for Protesting Jail Conditions
- California Guards Convicted of Arranging Prison Beatings, New Conspiracy Accusations Leveled
- Georgia Parole Board's "90% Policy" Ruled Ex Post Facto
- $400,000 Jury Award in Illinois Ruptured Appendix Suit
- PLRA Requires More Than De Minimus Physical Injury
- Property Use Versus Non-Use Texas Tort Claim Standard Explained in Medical Death Claim
- Idaho Free Speech Claim Reinstated, Voluntary Dismissal Clarified
- State Tolling Statute Applied in § 1983 Action, by John E Dannenberg
- Warden, Security Director Liable for Iowa Guard's Sexual Assault of Prisoner, $45K Verdict Upheld
- Vermont DOC Must Comply with APA for Rule Changes in Furlough Program
- Book Review: Law and the Rise of Capitalism, by Peter Wagner
- $4.47 Million in Washington Negligent Supervision Settlements and Verdicts
- Failure to Allege Imminent Threat Precludes Justification Defenses in BOP Weapons Prosecution
- News in Brief
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