Kitchen V Dallas County
Defendants-Appellees used excessive force against the deceased to extract him from his jail cell while in pretrial detention at Dallas County Jail, which resulted in the deceased's asphyxiation and death. Second, Plaintiff-Appellant claims that Defendants-Appellees acted with deliberate indifference to the deceased's medical needs by failing to contact Dallas County Jail's medical. Plaintiff, the widow of the deceased, filed suit under 42 U.S.C.
1983, alleging claims that individual defendants used excessive force against her husband and that defendants acted with deliberate indifference to his medical needs. On appeal, plaintiff challenged the district court's grant of summary judgment as to all of plaintiff's claims. The court concluded that the record presented.
Case opinion for US 5th Circuit KITCHEN v. DALLAS COUNTY TEXAS. Read the Court's full decision on FindLaw.
Finally, Plaintiff-Appellant also argues that Defendant-Appellee Dallas County is liable as a municipality under Monell v. Department of Social Services of City of New York, 436 U.S. 658, 694, 98 S.Ct.
2018, 56 L.Ed.2d 611 (1978), for failing to provide adequate training to the detention officers. Fifth Circuit Reinstates Dallas County Jail Excessive Force Suit by Matt Clarke On July 17, 2014, the Fifth Circuit Court of Appeals reversed the dismissal of a lawsuit filed by the widow of a former Texas prisoner alleging excessive use of force by guards at the Dallas County Jail. Gregory Maurice Kitchen was a pretrial detainee at the jail in January 2010 when he was seen "digging through.
Kitchen v. Dallas County, Texas, et al, No. 13-10545 (5 th Cir.
July 17, 2014) This is an excessive force case where the U.S. Court of Appeals for the 5 th Circuit reversed a summary judgment dismissing several detention officers and County after the death of an inmate. Docket for Kitchen v.
Dallas County, 3:10-cv-01779 - Brought to you by Free Law Project, a non. The Fifth Circuit's decision in Denise Kitchen v. Dallas County serves as a pivotal reference point for § 1983 litigation, particularly concerning excessive force and bystander liability.
First, Plaintiff-Appellant claims that individual Defendants-Appellees used excessive force against the deceased to extract him from his jail cell while in pretrial detention at Dallas County Jail, which resulted in the deceased's asphyxiation and death. Denise Kitchen v. Dallas County Texas, Case No.
13.