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ROUSTER v. COUNTY OF SAGINAW

No. 13-1673.

749 F.3d 437 (2014)

Daniel ROUSTER, as Personal Representative of the Estate of Jerry Rouster, Deceased, Plaintiff-Appellant, v. COUNTY OF SAGINAW, et al., Defendants, Secure Care, Inc., Cathleen Conley, RMA; Stella Menchaca, LPN, and Debra Marrs, LPN, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 9, 2014.

Attorney(s) appearing for the Case

ARGUED: Christopher P. Desmond , Johnson Law, PLC, Detroit, Michigan, for Appellant. Susan J. Zbikowski , Siemion Huckabay, P.C., Southfield, Michigan, for Appellees Secure Care, Menchaca, and Marrs. R. Paul Vance , Cline, Cline & Griffin, P.C., Flint, Michigan, for Appellee Conley. ON BRIEF: Ven R. Johnson , Johnson Law, PLC, Detroit, Michigan, for Appellant. Susan J. Zbikowski , Siemion Huckabay, P.C., Southfield, Michigan, for Appellees Secure Care, Menchaca, and Marrs. J. Brian MacDonald , Cline, Cline & Griffin, P.C., Flint, Michigan, for Appellee Conley.

Before: MOORE and COOK, Circuit Judges; GWIN, District Judge.

OPINION

KAREN NELSON MOORE, Circuit Judge.

While being held in Saginaw County Jail ("Saginaw"), Jerry Rouster ("Jerry") succumbed to sepsis and died as a result of a perforated duodenal ulcer. Before his death, he complained of stomach pain, engaged in bizarre behaviors indicative of mental-health problems, and displayed signs of agitation. His brother, Daniel Rouster ("Rouster"), as representative of Jerry's estate, brought suit under 42 U.S.C. § 1983...

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