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MANN EX REL. TERRAZAS v. LOPEZ

No. Civ.A. SA05CA0527XR.

404 F.Supp.2d 932 (2005)

Brenda MANN By and Through Belinda Mann TERRAZAS, Individually and in her Representative Capacity on Behalf of the Estate of Brenda Mann, Graciella Mann, and Paul Mann, Sr.; David Polk, Jr., by and through David Polk, Sr., Individually and in his Representative Capacity on Behalf of the Estate of David Polk, Jr., and Sharon Tyrone, Plaintiffs, v. Ralph LOPEZ, Bexar County Sheriff, In his Official and Individual Capacities, Unknown Unnamed Officers of the Bexar County Sheriff's Office, Individually and Officially, Defendants.

United States District Court, W.D. Texas, San Antonio Division.

October 11, 2005.

Attorney(s) appearing for the Case

Patrick J. Filyk, Edward L. Pina, Attorney at Law, Law Office of Patrick John Filyk The Ariel House, San Antonio, TX, Dan L. Carabin, Law Office of Dan Carabin, San Antonio, TX, for Brenda Mann.

Sue Ann Gregory, Attorney's Office, San Antonio, TX, for Ralph Lopez.

ORDER

RODRIGUEZ, District Judge.

Before the Court is Defendants' "motion for summary judgment and/or motion to dismiss" (docket no. 3).

Background

David Polk, Jr. was arrested for murder and "booked" into the Bexar County Adult Detention Center on May 22, 2003. At the time of this arrest, he was 21 years of age.

He had been previously incarcerated at this facility on an intermittent basis since at least June of 2000. During one...

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