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WHITT v. STEPHENS COUNTY

No. 07-10729.

529 F.3d 278 (2008)

Jimmy WHITT, Individually and as Personal Representative of the Estate of Jamie Earl Whitt, Deceased, Plaintiff-Appellant, v. STEPHENS COUNTY; James Reeves, Sheriff of Stephens County, Individually and in His Official Capacity; and John Does Nos. 1-5, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 21, 2008.

Attorney(s) appearing for the Case

Robert Arthur Brunig (argued), Brunig & Associates, Southlake, TX, Michale Patrick Kelly, Law Offices of Michale P. Kelly, Dallas, TX, for Whitt.

Charles Clark Self, III (argued), Whitten, Hacker, Hagin, Anderson, Allen & Self, Abilene, TX, for Defendants-Appellees.

Before SMITH and PRADO, Circuit Judges, and YEAKEL, District Judge.

JERRY E. SMITH, Circuit Judge.

Jimmy Whitt1 sued Stephens County, Sheriff James Reeves, and five unidentified jailers and emergency personnel under 42 U.S.C. § 1983 for allegedly causing or failing to prevent the jailhouse death of his son, Jamie Earl Whitt. We affirm the summary judgment.

I.

Shortly after noon one day in April 2004, police officers arrested 23-year-old Jamie Whitt on three misdemeanor charges and...

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