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Abstract: 

A complex case will instantly acquire additional complexity where a plaintiff seeks damages from a municipality. Why? The county is not liable simply because an employee-agent may have violated a constitutional right. There must be a constitutional violation by the municipality that is directly committed by the county. The link to the county in this instance would have to be a policy that may be in the form of a practice that is so common that it is the equivalent of a written policy. In Feliz v. El Paso Co, two claims fit in this category: defendants failed to protect Gallegos from Chacon by returning both men in the same cell after the initial attack by Chacon, and inadequate medical care was given after Gallegos complained of pain and vomiting. The “failure to protect” claim certainly may apply to staff, but the pleadings do not connect to any municipal policy or custom. It is dismissed. The claim of inadequate medical care meets an important requirement: the claim is that there is deliberate indifference because Gallegos’ death can be attributed (and then proven) to the denial of treatment and medication.

Keywords: Feliz v. El Paso Co. (W.D. Texas, 2000); Failure to Protect; Inadequate Medical Care

Affiliations:  1: Executive Editor.