Mishon Thompson v. Mario Campos
691 F. App'x 193
| 5th Cir. | 2017Background
- Marsele Thompson, an inmate in TDCJ Lubbock, died on Jan 25, 2014 from a gangrenous, twisted (volvulus) small intestine causing sepsis.
- Thompson’s mother, Mishon Thompson, sued four prison guards and their supervisor (Robert Creager) under the Eighth Amendment for deliberate indifference to serious medical needs.
- The district court granted summary judgment for the guards (qualified immunity) and dismissed Creager on a Rule 12(c) motion for judgment on the pleadings; plaintiff appealed both rulings.
- The record shows multiple medical contacts: an 8 a.m. visit the day before death and brief LVN visits near midnight and early morning on the day of death; guards submitted business records and sworn statements denying awareness of obvious distress.
- Plaintiff produced no depositions of appellees and offered no expert medical testimony to create a factual dispute about whether Thompson exhibited obvious symptoms of his condition.
- The court reviewed the full record (finding the prison records admissible) and concluded the evidence did not create a genuine issue that any defendant was subjectively aware of and consciously disregarded a substantial risk to Thompson.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether guards acted with deliberate indifference to Thompson’s serious medical needs | Guards failed regular checks and ignored signs of distress causing death | Guards saw nothing unusual; medical contacts occurred and records show no obvious emergent symptoms | Affirmed: plaintiff failed to raise genuine issue of material fact on subjective awareness; qualified immunity applies |
| Whether supervisor Creager is liable for deliberate indifference | Creager was personally involved and indifferent | Creager lacked factual allegations showing personal involvement; pleadings are conclusory | Affirmed dismissal under Rule 12(c): bare allegations insufficient |
| Admissibility and consideration of prison business records on summary judgment | Plaintiff objected to reliance on defendants’ records | Records were sufficiently authenticated and admissible | Court considered the records in reviewing summary judgment |
| Whether procedural posture required court to consider only plaintiff’s evidence | Plaintiff argued only her evidence should be considered against qualified immunity | Defendants argued all record evidence may be considered and inferences drawn for plaintiff | Court held it must review entire record and draw inferences for plaintiff, but record still insufficient to defeat qualified immunity |
Key Cases Cited
- Brown v. Callahan, 623 F.3d 249 (5th Cir.) (qualified immunity burden and inference-drawing at summary judgment)
- Lawson v. Dallas Cnty., 286 F.3d 257 (5th Cir. 2002) (Eighth Amendment deliberate-indifference standard)
- Farmer v. Brennan, 511 U.S. 825 (1994) (subjective deliberate-indifference requires actual awareness and disregard of substantial risk)
- Whitley v. Albers, 475 U.S. 312 (1986) (Eighth Amendment requires more than ordinary lack of due care)
- Domino v. Texas Dep’t of Criminal Justice, 239 F.3d 752 (5th Cir.) (deliberate indifference is an extremely high standard)
- Alton v. Texas A & M Univ., 168 F.3d 196 (5th Cir.) (mere negligence or ineptitude does not establish deliberate indifference)