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PARTRIDGE v. TWO UNKNOWN POLICE OFFICERS

No. 83-2615.

751 F.2d 1448 (1985)

Ralph PARTRIDGE and Betty Partridge, Plaintiffs-Appellants, v. TWO UNKNOWN POLICE OFFICERS OF the CITY OF HOUSTON, TEXAS, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 4, 1985.

Attorney(s) appearing for the Case

John P. Mustachio, Houston, Tex., for plaintiffs-appellants.

Mary Madigan Dinan, Asst. City Atty., Houston, Tex., for City of Houston and Houston Police.

D. Reid Walker, Houston, Tex., for Morris.

Before WISDOM, RANDALL and JOLLY, Circuit Judges.

WISDOM, Circuit Judge:

The question this case presents is whether the Eighth Amendment's prohibition against cruel and unusual punishment imposes a duty upon the state to protect prisoners (here detainees) from themselves. The parents of Michael Wayne Partridge brought suit under 42 U.S.C. § 1983 (1982) against the City of Houston, its police department, and various persons within the department after their son hanged himself in a solitary cell within a few hours...

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