David Saxon Bagley, Individually and as Representative of the Estate of Jeremiah Ray Bagley v. Ramona Rogers, M.D., et al.
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Whether the Texas Medical Liability Act's expert report and mandatory sanction of dismissal with prejudice for failure to serve an expert report provisions are preempted by 42 U.S.C. § 1983 in lawsuits filed in Texas courts involving Section 1983 claims, including excessive force claims that occur within State of Texas healthcare institutions, including state mental facilities?
QUESTION PRESENTED Whether the Texas Medical Liability Act’s expert report and mandatory sanction of dismissal with prejudice for failure to serve an expert report provisions are preempted by 42 U.S.C. § 1983 in lawsuits filed in Texas courts involving Section 1983 claims, including excessive force claims that occur within State of Texas healthcare institutions, including state mental facilities?.