Legal Opinion
Sherwinski v. Peterson,et al
Court of Appeals for the Fifth Circuit
Decided November 4, 1996No. 96-20146PublishedCited by 58 opinions
1Opinion of the Court
WISDOM, Circuit Judge.
Ronald Sherwinski, a Texas state prisoner, filed suit against prison officials and a prison doctor asserting a claim for damages based on their alleged deliberate indifference to his serious medical needs in violation of the Eighth Amendment and 42 U.S.C. § 1983. He asserted a supplemental state law claim against the Texas Department of Criminal Justice, Institutional Division (the “Department”) under the Texas Tort Claims Act. 1 The Department filed a motion to dismiss arguing that the Act provided for suit against the Department only in state court and asserting…
2Cases cited8 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Edelman v. JordanSupreme Court of the United States · 1974
- Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
- Welch v. Texas Department of Highways & Public TransportationSupreme Court of the United States · 1987
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3Cited by58 opinions
- Henry v. Lake Charles American Press, L.L.C.Court of Appeals for the Fifth Circuit · 2009
- Penny Corn v. MS Dept of Public Safety, etCourt of Appeals for the Fifth Circuit · 2020
- Martinez v. Texas Department of Criminal JusticeCourt of Appeals for the Fifth Circuit · 2002
- Magnolia Venture Capital Corporation v. Prudential Securities, Inc., Mississippi Department of Economic and Community DevelopmentCourt of Appeals for the Fifth Circuit · 1998
- Hobart v. City of StaffordDistrict Court, S.D. Texas · 2011
53 more not listed; retrieve them via the Exa API.