Sowell v. Dominguez et al

Filing 72

OPINION AND ORDER granting 61 at 3-4 Motion to adopt by reference two of the Southlake defendants summary judgment arguments; denying as moot Southlake defendants 53 Motion to Strike. Defendants Unknown Employees and Supervisors of the Lake Count y Jail are DISMISSED from the case. Sowells claim for indemnification is DISMISSED without prejudice for lack of subject matter jurisdiction. Regarding the remaining claims the Southlake defendants 46 Motion for summary judgment on the claims of w rongful death and violation of Section 1983 is DENIED. The Lake County Jail defendants 61 Motion for summary judgment is GRANTED for the Wrongful Death Act claim and DENIED as to the Section 1983 claim. Summary judgment as to Sowells Wrongful Death Act claim is GRANTED in favor of Roy Dominguez, Bennie Freeman, Officer Janice Hatton, Officer Linda Riley, Sergeant R. Starkey, and Sergeant Hubner. The Wrongful Death Act claim survives as against defendants Southlake Center for Mental Health, Dr. Lee Periolat, and Manual Barragan. The Section 1983 claim survives as to all defendants remaining in the case. Signed by Senior Judge James T Moody on 1/26/11. (mc)