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DALLAS COUNTY v. POSEY

No. 08-0094.

290 S.W.3d 869 (2009)

DALLAS COUNTY, Petitioner, v. Kim POSEY, et al., Respondent.

Supreme Court of Texas.

Rehearing Denied August 21, 2009.

Attorney(s) appearing for the Case

Craig M. Watkins, Dallas County District Attorney, Jana Prigmore Ferguson, Assistant District Attorney, Dallas, TX, for Petitioner.

Thomas Albert Carse, Sidney Bennett Chesnin, The Carse Law Firm, Lorin M. Subar, Sumner Schick & Pace, Dallas, TX, for Respondent.

Timothy A. Whitley, Houston TX, for person interested in case.

PER CURIAM.

In this governmental immunity case, we decide whether a prisoner's use of a telephone cord to commit suicide in a county holding cell constitutes a "condition or use" of tangible personal property for which the Tort Claims Act waives governmental immunity. See TEX. CIV. PRAC. & REM.CODE § 101.021(2). We hold that immunity was not waived; accordingly, we vacate the court of appeals' judgment and...

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