Whirl v. C. v. Kern

407 F.2d 781 (1968)

Facts

On September 9, 1962, P was arrested on suspicion of felony theft by the City of Houston police and placed in the Houston city jail. P was transferred to the Harris County jail where he was booked, identified and deprived of the use of his artificial leg. On September 20, 1962, an examining trial was held, and P was bound over to the Harris County Grand Jury. Some weeks later the Grand Jury returned two indictments against him, one for burglary and one for theft. On November 4, 1962, on the motion of the Harris County District Attorney, the indictments pending against P were dismissed. A list of dismissals was then sent to D's office, but D who keeps the county jail testified that he was not apprised of these proceedings. P languished in jail for almost nine months after all charges against him were dismissed, and was not restored to his freedom until July 25, 1963. P filed this suit against D. At the close of all the evidence, P moved for a directed verdict, and when his motion was denied, the case was submitted to the jury on special interrogatories as to negligence, contributory negligence, proximate cause, and damages. D got the verdict and P appealed.