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CITY OF WACO v. HESTER

No. 10-89-087-CV.

805 S.W.2d 807 (1990)

The CITY OF WACO, et al., Appellants, v. Johnny HESTER, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled February 14, 1991.

Attorney(s) appearing for the Case

James Ludlum, Jr., Ludlum & Ludlum, Austin, Annette Jones, Asst. City Atty, Waco, for appellants.

Derrel Luce, Waco, for appellee.

OPINION

THOMAS, Chief Justice.

Johnny Hester, claiming that he was homosexually raped by another inmate while in the Waco jail, sued the City of Waco and Police Chief Larry Scott under the Texas Tort Claims Act and § 1983 of Title 42 of the United States Code. See TEX.CIV. PRAC. § 101.-001-.109 (Vernon 1986 and Vernon Supp. 1990); 42 U.S.C.A. § 1983 (West 1981). He recovered a judgment against the City for $270,416.13 in damages, plus...

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