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THOMPSON v. UPSHUR COUNTY, TX

Nos. 99-41023, 99-41024.

245 F.3d 447 (2001)

Betty THOMPSON; Donald Thompson, Plaintiffs-Appellees, v. UPSHUR COUNTY, TX; et al., Defendants, R.D. Cross, Individually and in his official capacity as Sheriff of Upshur County, TX; Paula Whorton, Individually and in her official capacity as Jailer, Upshur County Jail; Robert Cromley, Individually and in his official capacity as Lieutenant, Upshur County Jail, Defendants-Appellants. Betty Thompson; Donald Thompson, Plaintiffs-Appellees, v. Upshur County, TX; et al., Defendants, Eugene Tefteller, Individually and in his official capacity as Sheriff, Marion County, TX; Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised March 30, 2001.

Attorney(s) appearing for the Case

David Cornelius Carlile, David Scott Carlile, The Carlile Law Firm, Marshall, TX, Erik E. Cary (argued), Minter, Joseph & Thornhill, Austin, TX, for Plaintiffs-Appellees.

Louis Charles Van Cleef (argued), Flowers, Davis & Van Cleef, Texarkana, AR, Robert Scott Davis, Flowers, Davis, Fraser, Derryberry & Van Cleef, Tyler, TX, for R.D. Cross, Paula Whorton and Robert Crowley.

Gary Harold Shaver, Bradley R. Echols (argued), Boon, Shaver, Echocs & Coleman, Longview, TX, for Tefteller.

Before GARWOOD, HIGGINBOTHAM and STEWART, Circuit Judges.

GARWOOD, Circuit Judge:

In this 42 U.S.C. § 1983 and state law suit for damages arising from the death of Michael Thompson (Thompson), a pretrial detainee in the respective jails of Upshur County, Texas, and Marion County, Texas, defendants-appellants Eugene Tefteller (Tefteller), formerly Sheriff of Marion County, R.D. Cross (Cross), Sheriff of Upshur County, and Paula Whorton (Whorton), an Upshur County jailer, appeal the district court's denial of their motions...

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