William Whirl v. C. v. (Buster) Kern and Fidelity and Deposit Company of Maryland

GOLDBERG, Circuit Judge:

We review here, in an action for false imprisonment under Texas law1 and for the deprivation of civil rights under 42 U.S.C.A. § 1983,2 the custodial derelictions of a Texas sheriff.3 The sheriff is accused of wrongfully overextending to an inmate of his jail the hospitality of his hostelry and the pleasure of his cuisine. The jury in the court below found for the sheriff. We reverse.

The evidence in this case is largely undisputed. On September 9, 1962, the appellant, William Whirl, was arrested on suspicion of felony theft by the City of Houston police and placed in…