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Martinez v. City of Brownsville8/31/2001
per garments. The City did so despite full awareness that Reyes could hang himself on the cell's bars with his clothes. Under the facts of this case, a barred cell could not be used to safely incarcerate Reyes without paper garments.
Further, as discussed herein, Martinez produced evidence that the City negligently failed to implement its policies regarding the use of tangible property, specifically, the provision of paper garments to inmates posing a risk of suicide, the use of cameras and monitors to observe suicidal prisoners, and the procedures for dispensing medicines to inmates. In conclusion, the City failed to establish that Martinez's suit was barred by sovereign immunity as a matter of law, and summary judgment would be improperly granted on this ground.
We have examined each of the theories underlying the City's motion for summary judgment, and have found that none of the theories advanced by the City are meritorious. See Bradley, 990 S.W.2d at 247. Accordingly, the summary judgment in favor of the City is reversed and the cause remanded for further proceedings consistent with this opinion.
Do not publish. Tex. R. App. P. 47.3(b).
Opinion delivered and filed this the 31st day of August, 2001.
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