Montano v. Orange County, Texas, No. 15-41432 (5th Cir. 2016)Annotate this Case
Robert Montano, a pretrial detainee in the county jail, died of acute renal failure after approximately four-and-one-half days’ detention in a glass-walled observation cell in the jail’s infirmary. This 42 U.S.C. 1983 action was filed against the county on three theories of liability: unconstitutional condition of confinement relative to a county custom for holding incoherent pretrial detainees; episodic acts or omissions; and unconstitutional condition of confinement relative to a county custom of failing to meet basic human needs. In regards to the unconstitutional-condition-of-confinement claim, the court concluded that the district court properly denied the county JMOL against the jury’s finding the condition. In this case, trial testimony adequately established the protocol exercised in Mr. Montano’s experience was standard jail practice; the record demonstrates his experience was not a mere “isolated example”, but was, instead, a “pervasive pattern of serious deficiencies in providing for his basic human needs”. The court concluded that the district court properly denied the county's Rule 50(b) motion regarding the $1.5 million awarded for pain Mr. Montano suffered. Because section 1983 liability and damages are upheld, the court concluded that plaintiffs remain the prevailing parties and are entitled to those fees and costs. Because the constitutional deprivation is well established and the causal link was admitted at trial, satisfying Texas’ causation standard, the court concluded that the standard for wrongful-death damages is satisfied. Therefore, JMOL was improperly awarded to the county on wrongful-death damages. Accordingly, the court affirmed in part, vacated in part, and remanded.