# Estate of Wilbert Lee Henson v. Wichita Cou

> Court of Appeals for the Fifth Circuit · September 7, 2011 · 440 F. App'x 341

URL: https://www.frixlaw.com/law-library/cases/9484699

## Case

- **Full name:** The ESTATE OF Wilbert Lee HENSON, Deceased; Barbara Kay Henson Reed, Individually and on Behalf of the Estate of Wilbert Lee Henson; Iwiller G Henson Hendrix; Wilma Lynn Henson; Shelisha Richardson, Plaintiffs-Appellees v. Kaye KRAJCA, Defendant-Appellant
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** September 7, 2011
- **Citations:** 440 F. App'x 341
- **Precedential status:** Unpublished
- **Opinion:** Concurrence by Owen
- **Judges:** Dennis, Owen, Southwick
- **Cited by:** 34 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9484699

## How later opinions describe it (automated extraction)

- stating deliberate indifference is “shown when ‘the official knows of and disregards an excessive risk to inmate health or safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also …
- holding that deliberate indifference could not be inferred from violations of official policies and regulations
- quoting, Calhoun v. Hargrove, 312 F.3d 730, 734 (5th Cir. 2002)
- discussing whether a prison official was deliberately indifferent to an inmate’s elevated vital signs

## Opinion text

OWEN, Circuit Judge,
concurring.
I fully join Judge Southwick’s opinion, in which he concludes that Kaye Krajca is entitled to qualified immunity. However, I note only that there is an argument asserted by Wilbert Lee Henson’s estate and heirs that Judge Southwick’s opinion does not consider. That argument is that Krajca’s supervisor, Dr. Bolin, intimidated her and other nurses to such an extent that she refrained from sending Henson to the emergency room or from calling Dr. Bolin at home over the Thanksgiving weekend preceding Henson’s death. The Henson claimants assert that Krajca had previously caused the death of another inmate, Jason Ray Brown, by failing to send him to the hospital when he had a serious medical condition. These allegations, and the summary judgment facts adduced to support it, fail to raise a material fact question because there is no evidence that Krajca’s treatment of Henson rose to the level of a constitutional violation of his rights. For the reasons that Judge Southwick’s opinion sets forth, there is no evidence that at the points in time that Krajca attended Henson, she exhibited a wanton disregard for his serious medical needs. Allegations that amount to allegations of negligent treatment do not constitute a claim that would defeat official immunity.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9484699. Public record. Not legal advice.