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SIMS v. GRIFFIN

No. 21-40457.

35 F.4th 945 (2022)

Frances Earline SIMS, individually and as dependent administrator of The Estate of Steven Mitchell Qualls, Plaintiff-Appellee, v. Toderick D. GRIFFIN; Sterling Ramon Linebaugh; Heather Rene O'Dell, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED June 1, 2022.

Attorney(s) appearing for the Case

Bruce K. Thomas , Law Office of Bruce K. Thomas, Dallas, TX, Thomas Dean Malone , Law Offices of Dean Malone, P.C., Dallas, TX, for Plaintiff-Appellee.

William S. Helfand , Norman Ray Giles , Sean Benjamin O'Neal Braun , Lewis, Brisbois, Bisgaard & Smith, L.L.P., Houston, TX, Frank David Calvert , Frederick Blair Clarke, Esq. , Calvert Eaves Clarke & Stelly, L.L.P., Beaumont, TX, for Defendants-Appellants.

Before Willett, Engelhardt, and Wilson, Circuit Judges.

Steven Mitchell Qualls, 28, spent the last 34 hours of his life on a jailhouse floor, enduring a slow, agonizing death as his body shut down following a drug overdose. Unable to stand or speak coherently, Qualls moaned in pain, twitched, thrashed, convulsed, hallucinated, vomited multiple times (throwing up a dark...

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