episodic act or omission claim (Texas) · Go Syfert
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episodic act or omission claim in Texas

5 Texas opinions name it 1 courts 2007–2022 1 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Hare v. City of Corinth, Miss.green
ca5 · 1994 · cited in 5 Texas opinions naming this issue, 2007–2022
2 sentences

2022When an episodic-act-or-omission claim is brought against the municipal defendant, “the plaintiff must demonstrate a municipal employee’s subjective indifference and additionally that the municipal employee’s act ‘resulted from a municipal policy or custom adopted or maintained with objective deliberate indifference to the [plaintiff]’s constitutional rights.’” 8 Id. (quoting Hare, 74 F.3d at 649 n.14); see Rocha, 419 S.W.3d at 378 .

2010Id. (citing Hare, 74 F.3d at 645).

15
Michelle Rocha, Individually and as Representative of the Estate of Raymond Dwayne Bingle v. Potter County, Texasgreen
texapp · 2010 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022When an episodic-act-or-omission claim is brought against the municipal defendant, “the plaintiff must demonstrate a municipal employee’s subjective indifference and additionally that the municipal employee’s act ‘resulted from a municipal policy or custom adopted or maintained with objective deliberate indifference to the [plaintiff]’s constitutional rights.’” 8 Id. (quoting Hare, 74 F.3d at 649 n.14); see Rocha, 419 S.W.3d at 378 .

11
cluster 16162green
· · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022“Deliberate indifference” in this context requires a showing “that the defendants (1) were aware of facts from which an inference of an excessive risk to the prisoner’s health or safety could be drawn and (2) that they actually drew an inference that such potential for harm existed.” Bradley v. Puckett, 157 F.3d 1022, 1025 (5th Cir. 1998).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Sharon Olabisiomotosho v. City of Houston City of Houston P. J. Bartlett K. L. Richards Rene Bertrand green
ca5 · 1999
1 sentence

2022When an episodic-act-or-omission claim is brought against the municipal defendant, “the plaintiff must demonstrate a municipal employee’s subjective indifference and additionally that the municipal employee’s act ‘resulted from a municipal policy or custom adopted or maintained with objective deliberate indifference to the [plaintiff]’s constitutional rights.’” 8 Id. (quoting Hare, 74 F.3d at 649 n.14); see Rocha, 419 S.W.3d at 378 .

12022–2022

Statutes the citing opinions construe

USC § 42u.s.c.1983 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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