Public-domain · open source
OpenJurist

125 F. App'x 570

Stanton v. Harris County

U.S. Courts of Appeals

Decided April 6, 2005

This page is marked noindex.

U.S. Courts of Appeals · decided 2005-04-06

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Fraire v. City of Arlington · Flores v. County of Hardeman

Decided 2005-04-06

PER CURIAM: *

¶1 Patricia Stanton filed a 42 U.S.C. § 1983 suit against Harris County, the Harris County Sheriffs Department, Deputy Mark Hokett and Deputy Shirley Voisin, seeking damages arising out of the suicide of Ms. Stanton’s son, Scott Mitchell, while he was being held in the Clear Lake Jail in Harris County, Texas. The district court granted summary judgment in favor of the defendants, dismissing Ms. Stanton’s claims. Ms. Stanton now appeals.

¶2 We review the district court’s decision to grant summary judgment de novo, drawing all inferences in favor of the nonmoving party. Fraire v. Arlington, 957 F.2d 1268, 1273 (5th Cir.1992). In order to prevail on a § 1983 claim based on the alleged failure of law enforcement officials to prevent the suicide of a pretrial detainee, the plaintiff must demonstrate that the officials acted with deliberate indifference to the detainee’s needs. Flores v. County of Hardeman, 124 F.3d 736, 738 (5th Cir. 1997). Viewing the evidence in the light most favorable to Ms. Stanton, we con-elude that the actions of Deputies Hokett and Voisin did not rise to the level of deliberate indifference. It follows that Harris County cannot be liable. See id.

¶3 Accordingly, the judgment of the district court is AFFIRMED.

*

¶4 Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

/125/fappx/570 · .json · Public domain