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Abstract: 

Robert Montano died a painful, tragic death in the Orange County jail, after four-and-one-half days’ detention in a glass walled observation cell called “the bubble,” located in the jail’s infirmary. We examine the facts leading to a jury award of $1.5 million to the family of Montano, which hinged on the jail’s de facto policy to isolate seemingly intoxicated pretrial detainees in the bubble, and to leave them there until either they became coherent or a contract physician visited, a policy the 5th Circuit found served no legitimate government interest.

Keywords: Montano v. Orange Co., Texas; isolated harm vs. regular unconstitutional practice

Affiliations:  1: Executive Editor.