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TAMEZ v. MANTHEY

No. 09-40310 Summary Calendar.

589 F.3d 764 (2009)

Heriberto TAMEZ, Individually and On behalf of the Estate of Daniel Tamez; Maria Trinidad Tamez, Individually; April Garza, as Next Friend of E.E.T., a Minor, Plaintiffs-Appellants, v. Gerald MANTHEY, Individually and in his Official Capacity; Pedro H. Ibarra, Individually and in his Official Capacity; Police Chief Daniel Castillo, Individually and in his Official Capacity; Miguel Bernal, Individually and in his Official Capacity; Jaime Rodriguez, Individually and in his Official Capacity; The City of Harlingen; Rick Elizondo, Individually and in his Official Capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 2, 2009.

Attorney(s) appearing for the Case

Larry L. Warner, Law Offices of Larry Warner, Harlingen, TX, for Plaintiffs-Appellants.

Roger Wade Hughes, Adams & Graham, L.L.P., Harlingen, TX, for Defendants-Appellees.

Before KING, STEWART and HAYNES, Circuit Judges.

PER CURIAM:

Daniel Tamez was a pretrial detainee of the City of Harlingen. He died while in the custody of the city from acute cocaine intoxication when a bag of cocaine that he swallowed before his arrest burst in his intestines. The Tamez Family then brought this suit under 42 U.S.C. § 1983 on Tamez's behalf, alleging that various police officers and prison officials were deliberately indifferent to Tamez's need for medical care. Appellees' moved for summary...

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