No. 21-737

David Saxon Bagley, Individually and as Representative of the Estate of Jeremiah Ray Bagley v. Ramona Rogers, M.D., et al.

Lower Court: Texas
Docketed: 2021-11-18
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 civil-rights dismissal-with-prejudice excessive-force expert-report mandatory-dismissal medical-liability preemption section-1983 state-healthcare state-healthcare-institutions
Key Terms:
SocialSecurity
Latest Conference: 2022-01-07
Question Presented (AI Summary)

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 (OCR Extract)

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?.

Docket Entries

2022-01-10
Petition DENIED.
2021-12-01
DISTRIBUTED for Conference of 1/7/2022.
2021-11-29
Waiver of right of respondent Ramona Rogers, M.D., et al. to respond filed.
2021-11-14
Petition for a writ of certiorari filed. (Response due December 20, 2021)

Attorneys

David Saxon Bagley, Individually and as Representative of the Estate of Jeremiah Ray Bagley
Katie Pearson KleinDale & Klein, L.L.P., Petitioner
Ramona Rogers, M.D., et al.
Judd Edward Stone IITexas Attorney General's Office, Respondent