Lindsey Bage v. Galveston County, et al.

Galveston, Texas personal injury lawyer represented Plaintiff, who sued Defendants on a civil rights violation theory under 1983.





This case involves the unfortunate death of Kirk Andrew Swartz ("Swartz”), which occurred after his incarceration at the Galveston County Jail. Plaintiff Lindsey Bage ("Plaintiff”)-individually, as Swartz's heir, and as the representative

of Swartz's estate-has sued Defendants,[2] arguing that their deliberate indifference to Swartz's serious medical needs and delayed medical care resulted in his death. Plaintiff further argues that Defendants' policies and procedures were deficient and directly led to Swartz's delayed medical care and ultimate death.

For the above reasons, I recommend that the Court GRANT both Galveston County's and the Healthcare Defendants' motions for summary judgment on Plaintiff's federal constitutional claims. Because only federal claims are brought against the Galveston County, I recommend the Court DISMISS Galveston County from the case. I further recommend the Court DECLINE to exercise supplemental jurisdiction over the remaining state-law claims and REMAND those claims to the 405th Judicial District Court of Galveston County, Texas.



The Clerk shall provide copies of this Memorandum and Recommendation to the respective parties who have 14 days from receipt to file written objections pursuant to Federal Rule of Civil Procedure 72(b) and General Order 2002-13. Failure to file written objections within the time period mentioned shall bar an

aggrieved party from attacking the factual findings and legal conclusions on appeal.