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LAKEY v. TAYLOR

No. 03-12-00207-CV.

435 S.W.3d 309 (2014)

David L. LAKEY, M.D., in his official capacity as Commissioner of the Texas Department of State Health Services, Appellant v. Floyd TAYLOR, by his next friend, Melissa Shearer; Gabriella Hernandez, by her next friend, Melissa Shearer; Zachary Ridgeway, by his next friend, Martin J. Cirkiel; Stanley Jackson, by his next friend, Martin J. Cirkiel; Eric Hubert, by his next friend, Martin J. Cirkiel; and Disability Rights Texas, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled July 7, 2014.

Attorney(s) appearing for the Case

Kristofer S. Monson , Assistant Solicitor General, Office of the Attorney General, Austin, TX, for Appellant.

Beth Mitchell , Peter Hofer , Disability Rights Texas, Austin, TX, for Appellees.

Before Chief Justice JONES, Justices GOODWIN and FIELD.

OPINION

SCOTT K. FIELD, Justice.

Disability Rights Texas, along with nine individuals, criminal defendants who have been found incompetent to stand trial (collectively, the Plaintiffs), sought declaratory and injunctive relief against the Commissioner of the Texas Department of State Health Services, claiming that the Department's system of prioritizing the transfer of incompetent defendants to hospitals for competency-restoration treatment is unconstitutional...

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