Filed: Aug. 23, 2007
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 August 23, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk _ No. 07-20134 Summary Calendar _ TRISHA L. WAKAT, as Administratrix of the Estate of James Henry Mitchell; KATHY GUTIERREZ, as Next Friend of AM, Minor Child of James Henry Mitchell; SHARON PATRICK, as Next Friend of JM and SM, Minor Children of James Henry Mitchell, Plaintiffs-Appellants v. MONTGOMERY COUNTY TEXAS, Defendant-Appellee A
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS August 23, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk _ No. 07-20134 Summary Calendar _ TRISHA L. WAKAT, as Administratrix of the Estate of James Henry Mitchell; KATHY GUTIERREZ, as Next Friend of AM, Minor Child of James Henry Mitchell; SHARON PATRICK, as Next Friend of JM and SM, Minor Children of James Henry Mitchell, Plaintiffs-Appellants v. MONTGOMERY COUNTY TEXAS, Defendant-Appellee Ap..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS August 23, 2007
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
_____________________
No. 07-20134
Summary Calendar
_____________________
TRISHA L. WAKAT, as Administratrix of the
Estate of James Henry Mitchell; KATHY
GUTIERREZ, as Next Friend of AM, Minor
Child of James Henry Mitchell; SHARON
PATRICK, as Next Friend of JM and SM, Minor
Children of James Henry Mitchell,
Plaintiffs-Appellants
v.
MONTGOMERY COUNTY TEXAS,
Defendant-Appellee
Appeal from the United States District Court
for the Southern District of Texas, Houston
(4:05-CV-978)
Before WIENER, GARZA, and BENAVIDES, Circuit Judges.
PER CURIAM:*
After James Henry Mitchell (“Decedent”) died on the morning of his
twelfth day in the Montgomery County Texas jail, the Administratrix of his
Estate and the next friends of his minor children instituted this action
against the County, the Sheriff’s Department, the former and current sheriffs
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
of the County, the Medical Director and physician for the inmates of the
County Jail, the Tri-County Mental Health Agency, and various John an Jane
Does, asserting constitutional claims under 42 U.S.C. § 1983 and Texas law
claims. After considerable proceedings and the accumulation of a large
record, the district court granted motions for summary judgment, dismissing
all federal claims against all defendants with prejudice and dismissing all
state law claims without prejudice.
We have now reviewed with care the considerable record on appeal,
including the district court’s extensive Memorandum Opinion and Order
signed on January 12, 2007, and the facts and law as explicated in the
excellent appellate briefs filed by opposing counsel. As a result, we are in
complete agreement with the rulings of the district court and the reasons and
reasoning supporting those rulings; and we can see no reason for writing
substantively, as our doing so would merely replicate the writing of the
district court. We therefore incorporate herein by reference the aforesaid
Memorandum Opinion and Order of that court and affirm the rulings and
judgments of the district court in all respects.
AFFIRMED.
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