Hicks-Fields v. Pool, No. 16-20003 (5th Cir. 2017)Annotate this Case
Plaintiffs, heirs of Norman F. Hicks, Sr., filed suit against the County and other defendants under 42 U.S.C. 1983, the Texas Tort Claims Act, and the Texas Wrongful Death Act. The district court ultimately granted summary judgment and final judgment for the County. The Fifth Circuit affirmed and held that plaintiffs have not met their evidentiary burden of showing a genuine dispute of material fact as to the existence of a persistent, widespread practice of city officials or employees, which, although not authorized by officially adopted and promulgated policy, was so common and well settled as to constitute a custom that fairly represents municipal policy; plaintiffs have failed to produce competent summary judgment evidence of the County's failure to train regarding responses to assaults by inmates and medical aid following a response incident; and the magistrate judge did not abuse her discretion in denying leave to amend after the amendment deadline.