Sheriff's Department seeks removal from inmate's suit

David Yates Jul. 20, 2010, 5:35am

The Jefferson County Sheriff's Department is seeking dismissal from an inmate's suit, arguing there is no evidence that it had anything to do with inmate Allen Granger's alleged injury.

Granger sued the department and Naphcare Medical last December, alleging a Naphcare employee mistakenly gave him an anti-psychotic drug instead of his usual blood pressure medication.

Granger claims the drug, Zyprexa, caused him to have a nose bleed and blurry vision in his left eye, court papers say.

He also alleges the Naphcare employee laughed about the switch up and told him he would be fine.

Naphcare has already been granted summary judgment.

Granger's suit lists no specific acts of negligence against the Sheriff's Department.

In its motion for plea to the jurisdiction, the department argues that it has governmental immunity and that enough time has passed to allow Granger to present any evidence of negligence.

A hearing on the issue was held July 19 in Judge Bob Wortham's 58th District Court.

The judge, as of July 20, has yet to make a ruling.

Granger, who is representing himself, is seeking more than $250,000 for his injury.

The department is represented by Beaumont attorney Steven Wiggins.

Case No. A185-426

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