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JANES v. HERNANDEZ

Nos. 99-50092, 99-50141.

215 F.3d 541 (2000)

Bobby Joe JANES, III, Plaintiff-Appellee, v. Richard HERNANDEZ, Sheriff of Bastrop County, Texas; et al., Defendants, Bastrop County, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 7, 2000.

Attorney(s) appearing for the Case

Bobby R. Taylor, Austin, TX, for Janes.

Jesse Lynn Whittenton, Walker, Bright & Whittenton, Austin, TX, for Bastrop County.

Before REAVLEY, SMITH and EMILIO M. GARZA, Circuit Judges.

REAVLEY, Circuit Judge:

Bobby Joe Janes was injured by another inmate in the Bastrop County jail and has recovered judgment against the County on a jury verdict that found the unsafe condition of the jail to be due to the Sheriff's policy and deliberate indifference. The County complains on appeal of the lack of evidence that the County policymaker, the Sheriff, knew of the unsafe condition and also objects to the amount of the attorney fee award. We affirm.

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