Duvall was a pre-trial detainee in the Jail from December 11 to December 26, 2003. During his stay in the prison, Duvall contracted Methicillin-Resistant Staphylococcus Aureus (“MRSA”), a staph infection resistant to usual penicillintype antibiotics. Duvall’s physical suffering was great, and he eventually lost the use of one of his eyes. In his § 1983 complaint, Duvall claimed that the County had deprived him of his right to due process by subjecting him to an unconstitutional condition of confinement. After the jury found for Duvall, the County timely filed a notice of appeal. The County contends that (1) the district court’s jury instructions and its denial of the motion for judgment as a matter of law were erroneous because the district court relied on the wrong standard, (2) the evidence was insufficient to support the jury’s finding that Duvall suffered a constitutional violation from his “condition of confinement,” and (3) the evidence was insufficient to support the jury’s finding that the County had, with deliberate indifference, maintained a pattern or practice that was the moving force behind the constitutional violation that Duvall suffered. Duvall filed a protective cross appeal in which he asserts that a Monell inquiry is not required in a “conditions of confinement” case. We affirm.
We review jury instructions for abuse of discretion. We review the sufficiency of the evidence de novo and will overturn the jury verdict only if “there is no legally sufficient evidentiary basis for a reasonable jury to find for [Duvall].” We review the record and all of the evidence in the light most favorable to the prevailing party.
Judge(s): Per Curiam
Jurisdiction: U.S. Court of Appeals, Fifth Circuit
Related Categories: Civil Rights
|Circuit Court Judge(s)|
|Jacques Wiener, Jr.|
|Trial Court Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Edward Moore, Jr.||Law Offices of Edward H. Moore PC|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Dolena Westergard||Office of the Dallas District Attorney|