PLUET v. FRASIER

No. 03-50005.

355 F.3d 381 (2004)

Fredrick PLUET, through Sandra L. Hardeman as next friend and representative of the estate of the deceased, Plaintiff-Appellant, v. Margo FRASIER, et al., Defendants, Margo Frasier, Sheriff; April Smith, Registered Nurse; David Arthur Larson, Registered Nurse; Mary Jo Barnes, Registered Nurse; R. Gower, Registered Nurse; M. Fitzsimmons, # 466; K. Moore, # 1670; J. Gould, # 875; Gillispie, Sergeant; Dickmann, Officer; Miller, Officer; Gonzales, Sergeant; Redpath, Sergeant, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 9, 2004.


Attorney(s) appearing for the Case

Bobby R. Taylor, Law Offices of Bobby R. Taylor, Austin, TX, for Plaintiff-Appellant.

Elaine Agnes Casas, Marion Ann Damen, Austin, TX, for Frasier, Gower, Fitzsimmons, Gould, Gillispie, Dickmann, Miller, Gonzales and Redpath.

Anthony J. Nelson, Thomas, Hudson & Nelson, Austin, TX, for Smith and Larson.

Randy Tom Leavitt, Law Offices of Randy T. Leavitt, Austin, TX, for Barnes.

Richard L. Arnett, Brim, Arnett, Robinet & Hanner, Austin, TX, for Moore.

Before DAVIS and EMILIO M. GARZA, Circuit Judges, and LITTLE, District Judge.


EMILIO M. GARZA, Circuit Judge:

Fredrick Pluet, deceased, was arrested in Austin, Travis County, Texas and placed in the Travis County Jail on December 26, 1999. Upon his arrival and throughout the rest of the night, Pluet advised the jailers and medical staff that he had swallowed eight rocks of cocaine shortly before his arrest and needed medical attention. No treatment was provided and Fredrick Pluet died from acute cocaine...

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