Legal Opinion · Dissent

Estate of Wilbert Lee Henson v. Wichita Cou

Court of Appeals for the Fifth Circuit

Decided September 7, 2011No. 09-10881Unpublished

1DissentDennis, Circuit Judge

I respectfully dissent. In holding that Nurse Krajca did not act with deliberate indifference, the majority opinion errs in two ways. First, the majority’s analysis disregards evidence in the record from which a reasonable jury could find that Nurse Krajca’s decision not to treat one of Henson’s serious medical needs, his dangerously high blood pressure, constituted deliberate indifference. Second, the majority’s reasoning is inconsistent with that of previous cases from our circuit, in which we have held that conduct less egregious than that of Nurse Krajca could give rise to an inference of…

2Cases cited15 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Hope v. PelzerSupreme Court of the United States · 2002
  3. Domino v. Texas Department of Criminal JusticeCourt of Appeals for the Fifth Circuit · 2001
  4. Harris v. HegmannCourt of Appeals for the Fifth Circuit · 1999
  5. Freeman v. GoreCourt of Appeals for the Fifth Circuit · 2007

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