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State Officials Not Liable for Heat Stroke Death of 12 Year Old Boy
State Officials Not Liable for Heat Stroke Deaht of 12 Year Old Boy
This is the case of Andrew Lemoine, the 12-year-old boy on antipsychotic medications who died of heat stroke after being made to build a rock wall in 103 degree heat as a punishment for misconduct, at a private institution located 30 miles from any sort of medical facility. This appeal does not concern the private defendants, but only the state officials allegedly responsible for sending Andrew to New Horizons.
The court declines to decide whether deliberate indifference or the Youngberg professional judgment standard governs this claim, because the plaintiffs can prove only negligence. The defendants' failure to send all of his medical records is immaterial because New Horizons clearly had enough medical information to care for and treat him. See: Lemoine v. New Horizons Ranch and Center, Inc., 174 F.3d 629 (5th Cir. 1999).
This is the case of Andrew Lemoine, the 12-year-old boy on antipsychotic medications who died of heat stroke after being made to build a rock wall in 103 degree heat as a punishment for misconduct, at a private institution located 30 miles from any sort of medical facility. This appeal does not concern the private defendants, but only the state officials allegedly responsible for sending Andrew to New Horizons.
The court declines to decide whether deliberate indifference or the Youngberg professional judgment standard governs this claim, because the plaintiffs can prove only negligence. The defendants' failure to send all of his medical records is immaterial because New Horizons clearly had enough medical information to care for and treat him. See: Lemoine v. New Horizons Ranch and Center, Inc., 174 F.3d 629 (5th Cir. 1999).
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Related legal case
Lemoine v. New Horizons Ranch and Center, Inc.
| Year | 1999 |
|---|---|
| Cite | 174 F.3d 629 (5th Cir. 1999) |
| Level | Court of Appeals |
| Injunction Status | N/A |