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ROGERS v. BAGLEY

NUMBER 13-18-00092-CV.

581 S.W.3d 362 (2019)

Ramona ROGERS, M.D., Modesto Zambrano, Stephanie Cumpian, Rolando Flores, Hector Ontiveros, Priscilla Nieto, Sonia Hernandez-Keeble, Blas Ortiz Jr., David Moron, M.D., Jaime Flores and Rio Grande State Center, Appellants, v. David Saxon BAGLEY, Individually and as Representative of the Estate of Jeremiah Ray Bagley, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Delivered and filed June 13, 2019.

Attorney(s) appearing for the Case

Chelsea Fullwood , Office of the Attorney General, Tort, Litigation Division, 300 W. 15th Street, Austin, TX 78701, Warren Kenneth Paxton, Jr. , Texas Attorney General of Texas, Law Enforcement Defense Division, Jeffrey C. Mateer , Texas Attorney General's Office, P.O. Box 12548, Austin, TX 78711-2548, for Appellants.

Katie P. Klein , William D. Mount, Jr. , Dale & Klein, L.L.P., 1100 E. Jasmine Ave., Suite 202, McAllen, TX 78501, Julian C. Gomez , The Gomez Law Firm, PLLC, 7824 N. 5th Court, McAllen, TX 78504, for Appellee.

Before Chief Justice Contreras and Justices Rodriguez and Benavides

OPINION

The question before us is whether a civil rights claim brought under 42 U.S.C. § 1983 that alleges excessive force against health care providers and a state hospital is subject to the expert report requirement of § 74.351 of the civil practice and remedies code See 42 U.S.C. §...

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