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Judge Denies Officer Elbaum’s Motion to Dismiss Suicide Case

Oil derricks at Burkburnett, Texas
Oil derricks at Burkburnett, Texas (Photo credit: Wikipedia)

Our firm is pursuing claims in federal court against the City of Burkburnett and Burkburnett police officer Daniel Elbaum for allegedly violating the constitutional rights of Marcus Johnson.  Mr. Johnson, with known mental health issues and suicidal tendencies, committed suicide in his cell after being left alone, unobserved, for over two hours.  Mr. Johnson was arrested for an alleged fake I.D.  Officer Elbaum filed a motion to dismiss claims against him.  The United State magistrate judge recommended to the presiding judge that the claims not be dismissed.  Chief District Judge Barbara Lynn agreed, and she denied Officer Elbaum’s motion to dismiss claims against him.  Here is a link to Chief District Judge Lynn’s order –

Chief District Judge Order Accepting Findings, Conclusions & Recommendation of U.S. Magistrate Judge

Written By: author avatar Dean Malone
author avatar Dean Malone
Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.
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