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HEIRS OF DEL REAL v. EASON

No. 11-10-00151-CV.

374 S.W.3d 483 (2012)

HEIRS OF BERNARDO DEL REAL to wit: Carmen Del Real Herrera; Lydia Del Real Selvera; Rosalinda Del Real Gutierrez; Refugio Del Real; Manuel Del Real Jr.; and John Del Real all individually and on behalf of Bernardo Del Real, Deceased, and on Behalf of the Estate of Bernardo Del Real, Appellants v. Robert EASON, Appellee.

Court of Appeals of Texas, Eastland.

June 7, 2012.

Attorney(s) appearing for the Case

Bernadette M. Johnlewis , Houston, for appellant.

David A. Harris , Asst. Law Enforcement Defense Div., Atty. Gen., for appellee.

Panel consists of: WRIGHT, C.J., McCALL, J., and KALENAK, J.

OPINION

TERRY McCALL, Justice.

Appellants alleged that they are heirs of Bernardo Del Real, deceased. They brought this action pursuant to 42 U.S.C. § 1983,1 alleging that Del Real contracted a staph infection while a prisoner at the Texas Department of Criminal Justice French Robertson Unit and that the infection ultimately caused Del Real's death. Appellee, Robert Eason, is the former senior warden of the French Robertson...

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