Texas Department of Corrections v. Sisters of St. Francis of St. Jude Hospital of Brenham

OPINION

COHEN, Justice.

Is the State of Texas liable for payment of hospital expenses incurred by an inmate it releases on emergency medical reprieve? Under the facts of this case, we hold the State is liable.

While serving an 82-year sentence for aggravated robbery, Rodney Barlow became seriously ill with infected decubitus ulcers. Because his illness was too serious to be treated at the Texas Department of Corrections (TDC), the Texas Board of Pardons and Paroles recommended on May 27, 1983, that the governor grant Barlow a six month medical emergency reprieve. On the same day the board made…