Filed: Apr. 06, 2005
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 5, 2005 Charles R. Fulbruge III Clerk No. 04-20571 Summary Calendar PATRICIA STANTON, Individually and as representative of the Estate of Scott Allen Mitchell, deceased, Plaintiff-Appellant, versus HARRIS COUNTY; HARRIS COUNTY SHERIFF’S DEPARTMENT; MARK HOKETT, Acting individually and in his official capacity; SHIRLEY VOISIN, Individually and in her official capacity Defendant
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 5, 2005 Charles R. Fulbruge III Clerk No. 04-20571 Summary Calendar PATRICIA STANTON, Individually and as representative of the Estate of Scott Allen Mitchell, deceased, Plaintiff-Appellant, versus HARRIS COUNTY; HARRIS COUNTY SHERIFF’S DEPARTMENT; MARK HOKETT, Acting individually and in his official capacity; SHIRLEY VOISIN, Individually and in her official capacity Defendants..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 5, 2005
Charles R. Fulbruge III
Clerk
No. 04-20571
Summary Calendar
PATRICIA STANTON, Individually and as representative
of the Estate of Scott Allen Mitchell, deceased,
Plaintiff-Appellant,
versus
HARRIS COUNTY; HARRIS COUNTY SHERIFF’S DEPARTMENT;
MARK HOKETT, Acting individually and in his official capacity;
SHIRLEY VOISIN, Individually and in her official capacity
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:02-CV-3756
--------------------
Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
Patricia Stanton filed a 42 U.S.C. § 1983 suit against
Harris County, the Harris County Sheriff’s 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
*
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this opinion should not be published and is not precedent except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.
No. 04-20571
-2-
defendants, dismissing Ms. Stanton’s claims. Ms. Stanton now appeals.
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 conclude 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.
Accordingly, the judgment of the district court is AFFIRMED.