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FORGAN v. HOWARD COUNTY, TEXAS

No. 06-10472.

494 F.3d 518 (2007)

Glenn FORGAN, Jr., Individually and as Executor and/or Representative of the Estate of Richard Dunn Allen; Glenda Forgan, Individually as the Mother of the Deceased; Robert Allen, Individually as the Father of the Deceased, Plaintiffs-Appellants, v. HOWARD COUNTY, TEXAS; et al., Defendants, Howard County Texas; Howard County Sheriff's Department, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 26, 2007.

Attorney(s) appearing for the Case

Craig T. Enoch (argued), Alexander Sin Valdes, Linda Jene Burgess, Winstead, Sechrest & Minick, Austin, TX, for Plaintiffs-Appellants.

Charlotte D. Bingham (argued), Mark Whitney McBrayer, Crenshaw, Dupree & Milam, Lubbock, TX, for Defendants-Appellees.

Before JONES, Chief Judge, and BENAVIDES and STEWART, Circuit Judges.

BENAVIDES, Circuit Judge:

Richard Allen was arrested and taken to Howard County Jail for driving while intoxicated and possession of marijuana. During the booking process, Allen indicated that he was medicated for a number of mental ailments, including depression, but that he was not thinking about killing himself at the time. Based on this and other information, jailer Adam Dunlap classified Allen as a "risk" for suicide, meaning that he would be checked every fifteen...

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