Damon Hollimon, a Texas state prisoner, was repeatedly tear-gassed at Huntsville prison after refusing to come out of his cell. When he was removed from his cell, a nurse noted that he was unconscious. She checked his vitals and found no pulse but didn't try to revive him. Hollimon's estate and daughter (plaintiffs) sued the state Department of Corrections (DOC) and the nurse (defendants) in state court. Thee defendants' motions for summary judgment were denied, and they appealed.
On appeal, the Court of Appeals of Texas, 1st District, found that a letter written to the DOC by the plaintiffs' lawyer didn't provide the DOC with sufficient notice that it might be sued. It also found that the nurse's failure to attempt to resuscitate Hollimon didn't amount to her deliberate indifference to his serious medical needs. The Court then reversed the trial court's denial of summary judgment to the defendants. See: TX DOC et al v. Thomas et al., COA No. 01-04-01084-CV (2007).
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
Related legal case
TX DOC et al v. Thomas et al.
|Cite||COA No. 01-04-01084-CV (2007)|
|Level||State Court of Appeals|