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SMITH v. BLUE

No. Civ.A. G-99-091.

67 F.Supp.2d 686 (1999)

Bruce W. and Wanda G. SMITH Individually and as Representative of the Estate of Justin Wayne Smith, Deceased, and Krista Smith v. Byron Keith BLUE acting individually and in his official capacity, Robert Allen Wynn acting individually and in his official capacity, and Harris County.

United States District Court, S.D. Texas.

May 27, 1999.

Attorney(s) appearing for the Case

Valorie W Davenport, Houston, TX, for Bruce W Smith, Wanda G Smith, Krista Smith, Justin Wayne Smith, plaintiffs.

David Simmons Masquelette, Assistant County Attorney, Houston, TX, for Byron Keith Blue, Robert Allen Wynn, Harris County, defendants.

Byron Keith Blue, Houston, TX, pro se.

ORDER DENYING DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

KENT, District Judge.

This case arises from the suicide of teenager Justin Wayne Smith, who hanged himself while in custody at Delta 3 Boot Camp, a juvenile detention center operated by Harris County. Plaintiffs, the parents of the deceased juvenile, filed this action asserting claims under 42 U.S.C. § 1983 and the Texas Tort Claims Act, Tex.Civ. Prac. & Rem.Code Ann...

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