MONTANO v. ORANGE COUNTY, TEXAS

No. 15-41432.

842 F.3d 865 (2016)

Joshua MONTANO, as the Personal Representative of the Estate of Robert Montano; Daniel Montano; Kaylynn Montano; Maria Montano; Bonnie Wallace, as Next Friend of MAC, a minor, Plaintiffs-Appellees Cross-Appellants v. ORANGE COUNTY, TEXAS, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed November 29, 2016.


Attorney(s) appearing for the Case

Christine Lynne Stetson , David E. Bernsen , Bernsen Law Firm, Beaumont, TX, for Plaintiff-Appellee Cross-Appellant.

David B. Gaultney , Elana Sari Einhorn , MehaffyWeber, P.C., Austin, TX, Patricia D. Chamblin , MehaffyWeber, P.C., Beaumont, TX, Jeremy Richard Stone , MehaffyWeber, P.C., Houston, TX, Douglas Earl Manning , District Attorney's Office for the County of Orange, Orange, TX, for Defendant-Appellant Cross-Appellee.

Before JOLLY, BARKSDALE, and SOUTHWICK, Circuit Judges.


These cross-appeals arise out of the tragic death of Robert Montano, a pretrial detainee in the Orange County, Texas, jail. He died of acute renal failure after approximately four-and-one-half days' detention in a glass-walled observation cell — the "bubble" — in the jail's infirmary. The bubble...

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