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CANTU v. JONES

No. 01-50905.

293 F.3d 839 (2002)

Eugene CANTU, Plaintiff-Appellee, v. Mathew JONES, Etc., et al., Defendants, Mathew Jones, Correctional Officer; Richard Waltersdorf, Correctional Officer; John Beaird, Correctional Officer, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 11, 2002.

Attorney(s) appearing for the Case

George Franklin Cowden, III (argued), Kurth & Cowden, San Antonio, TX, for Plaintiff-Appellee.

Robert B. Maddox, Asst. Atty. Gen. (argued), Matthew Tepper, Asst. Atty. Gen., Austin, TX, for Defendants-Appellants.

Before DUHÉ, DeMOSS and CLEMENT, Circuit Judges.

DeMOSS, Circuit Judge:

Eugene Cantu filed a civil rights lawsuit on July 3, 2000, accusing Mathew Jones, John Beaird, Richard Waltersdorf, Gary Johnson, and the Texas Department of Criminal Justice, Institutional Division ("TDCJ-ID") of violating his constitutional right to be free from cruel and unusual punishment after he was attacked by another inmate with a razor blade. Cantu based his claim on the theory that the defendants allowed Carlos Hernandez to escape...

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