Legal Opinion

Lakey v. Taylor ex rel. Shearer

Court of Appeals of Texas

Decided May 2, 2014No. 03-12-00207-CVPublishedCited by 17 opinions

1Opinion of the Court

OPINION

SCOTT K. FIELD, Justice.

Disability Rights Texas, along with nine individuals, criminal defendants who have been found incompetent to stand trial (collectively, the Plaintiffs), sought declaratory and injunctive relief against the Commissioner of the Texas Department of State Health Services, claiming that the Department’s system of prioritizing the transfer of incompetent defendants to hospitals for competency-restoration treatment is unconstitutional. The Plaintiffs and the Commissioner filed competing motions for summary judgment on the Plaintiffs’ claims, and upon considering the…

2Cases cited23 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Zadvydas v. DavisSupreme Court of the United States · 2001
  3. United States v. SalernoSupreme Court of the United States · 1987
  4. DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989
  5. Gerstein v. PughSupreme Court of the United States · 1975

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3Cited by17 opinions

  1. Texas Association of Acupuncture and Oriental Medicine v. Texas Board of Chiropractic Examiners And Patricia Gilbert, Executive Director in Her Official CapacityCourt of Appeals of Texas · 2017
  2. Powell v. Md. Dep't of HealthCourt of Appeals of Maryland · 2017
  3. Powell v. Maryland Department of HealthCourt of Appeals of Maryland · 2017
  4. J.K. v. State of AlaskaCourt of Appeals of Alaska · 2020
  5. Ahmad Zaatari, Marwa Zaatari, Jennifer Gibson Hebert, Joseph "Mike" Hebert, Lindsay Redwine, Ras Redwine VI, and Tim Klitch// City of Austin, Texas And Steve Adler, Mayor of the City of Austin, and the State of Texas v. City of Austin, Texas And Steve Adler, Mayor of the City of Austin//Cross-Appellees, Ahmad Zaatari, Marwa Zaatari, Jennifer Gibson Hebert, Joseph "Mike" Hebert, Lindsay Redwine, Ras Redwine VI, and Tim Klitch, Texas Court of Appeals, 3rd District (Austin)2019

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