(DOWNLOAD) "Scott V. Britton" by Texas Court of Appeals (Civil) * Book PDF Kindle ePub Free
eBook details
- Title: Scott V. Britton
- Author : Texas Court of Appeals (Civil)
- Release Date : January 13, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Wallace Britton, Jr., (the deceased), died from heat stroke while confined on a broken-down prison bus in hot weather. Appellees, Wallace R. Britton, Sr., father of the deceased, and Nancy Murphy, as next friend of Norman Britton, son of the deceased, brought suit against appellant, Wayne Scott, Director of the Texas Department of Criminal Justice-Institutional Division (TDCJ). Appellees asserted state claims of negligence, survival action and wrongful death damages, and federal violations of due process and Eighth Amendment rights. Scott challenges the trial court's granting the appellees' motion for summary judgment while denying his motions for summary judgment, all of which concerned Scott's affirmative defense of immunity. We address (1) whether Scott established as a matter of law that he is entitled to official immunity for appellees' state law claims, (2) whether Scott, in his official capacity, is entitled to summary judgment on the section 1983 *fn1 claim, and (3) whether Scott, in his individual capacity, is entitled to summary judgment on the section 1983 claim. We reverse and render.
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