law-prisoner-death | inmate suicide | wrongful death | Texas Tort Claims Act |
TEXAS SUPREME COURT DECISIONS IN INMATE DEATH CASES
Dallas County v. Posey, No. 08-0094 (Tex. 2009)(per curiam)
(TTCA, prisoner suicide with cord in cell)
DALLAS COUNTY v. KIM POSEY, ET AL.; from Dallas County; 5th district (05-06-01373-CV, 239 SW3d 336, 08-
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing
oral argument, the Court vacates the court of appeals' judgment and dismisses the case.
Per Curiam Opinion
JCW Electronics, Inc. v. Garza, No. 05-1042 (Tex. June 27, 2008) (Opinion by Justice David Medina) (product
liability, UCC breach of implied warranty claim in PI, death case a tort for purposes of comparative responsibility
statute; recovery barred) (prisoner strangled with cord of phone represented as safe for unsupervised use by
JCW ELECTRONICS, INC. v. PEARL IRIZ GARZA, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF
ROLANDO DOMINGO MONTEZ, DECEASED, AND BELINDA LEIGH CAMACHO, INDIVIDUALLY AND AS NEXT
FRIEND OF ROLANDO KADRIC MONTEZ, A MINOR CHILD; from Cameron County; 13th district (13-02-00577-
CV, 176 SW3d 618, 10-13-05)
The Court reverses the court of appeals' judgment and renders judgment.
Justice David Medina delivered the opinion of the Court.
Chief Justice Jefferson delivered a concurring opinion, in which Justice O'Neill joined.
APPEALS COURT CASES IN JAIL-DEATH CASES
IN WHICH SUPREME COURT DENIED REVIEW
LINDA THOMAS, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DAMON
HOLLIMON, DECEASED AND ASHLEY DOMINQUE HOLLIMON, INDIVIDUALLY v. GLENDA PIERSON; from
Walker County; 1st district (01-04-01084-CV, ___ SW3d ___, 04-19-07, pet. denied Aug. 2008)
(TTCA, Tort Claims Act, wrongful death, prisoner killed by guards) as amended, as reinstated
PEGGY JOHNSON v. JOHNSON COUNTY, TEXAS; from Johnson County; 10th district
(10-07-00095-CV, ___ S.W.3d ___, 01-30-08, pet. denied May 2008) (prisoner suicide, TTCA, immunity)
Eugene Johnson hanged himself with the mattress cover in a Johnson County jail cell. Appellant brought suit
against Johnson County, and now appeals the trial court’s dismissal of her cause of action. We affirm