Irma Barron or Irma Morante ("Irma"), a 15 year old chronic runaway, ran away from her home in Irving, Texas on June 22, 2001. (Pl.'s Resp. App. at 41, 51.) Her biological mother, Catherine Barron, filed a runaway report regarding her daughter with the Irving Police Department. Id. at 41. On June 27, 2001, Catherine Barron received a phone call informing her that Irma had been taken to the Letot Center. Id. The Letot Center is a non-secure, emergency shelter for runaway minors operated by the Dallas County Juvenile Department. (Defs.' Mot. Summ. J. App. at 90.) That evening, Irma attempted to run away from the Letot Center. (Pl.'s Resp. App. at 47.)
The next morning Irma telephoned her mother to tell her that she had been informed that she would be staying at the Letot Center for a week. Id. at 41. After the telephone call, Hilda Sierra, a Transportation Officer with the Letot Center, drove Irma in a van operated by the Letot Center to the clinic for a medical screening. Id. at 42. Since Sierra had been informed that Irma had attempted to run away the night before, she spoke with Irma at length, and Irma did not give Sierra any indication that she would try to run away again. Id. Irma spent approximately 15 to 20 minutes with the nurse, and then Sierra and Irma got into the van to head back to the Letot Center. Id. On their way back, Sierra noticed that Irma had unbuckled her seat belt and was moving around in the back of the van. Id. Sierra instructed Irma to sit down and put on her seat belt. Id. Irma obeyed. Id.
However, just as the van approached the Letot Center, Irma unbuckled her seat belt, unlocked the van door, and jumped out of the van. Id. at 43. Sierra explains that since she was only driving 15 mph, she was able to stop right next to Irma. Id. While Sierra believes Irma attempted to land on her feet, she landed on her head instead, and sustained severe trauma to the back of her head. Id. Sierra yelled at one man to call 911 and at another woman to run across the street to the Letot Center to get assistance. Id.
Sam Quattrochi, the Superintendent at the Letot Center, was called to the scene, and found Irma on her back with her eyes partially closed and a very faint pulse. Id. The paramedics arrived within minutes and attempted to stabilize Irma. Id. at 42-43. Despite their efforts, Irma was pronounced dead at Parkland Hospital on June 28, 2001. Id. at 43.
Catherine Barron filed suit on January 23, 2003 alleging claims of wrongful death pursuant to the Texas Wrongful Death Act, negligence, and state-created danger pursuant to 42 U.S.C. § 1983 against Defendants. (Pl.'s Compl. at 4-10.) The Court will address each of Plaintiff's claims and Defendants' affirmative defenses in turn.
The next morning Irma telephoned her mother to tell her that she had been informed that she would be staying at the Letot Center for a week. Id. at 41. After the telephone call, Hilda Sierra, a Transportation Officer with the Letot Center, drove Irma in a van operated by the Letot Center to the clinic for a medical screening. Id. at 42. Since Sierra had been informed that Irma had attempted to run away the night before, she spoke with Irma at length, and Irma did not give Sierra any indication that she would try to run away again. Id. Irma spent approximately 15 to 20 minutes with the nurse, and then Sierra and Irma got into the van to head back to the Letot Center. Id. On their way back, Sierra noticed that Irma had unbuckled her seat belt and was moving around in the back of the van. Id. Sierra instructed Irma to sit down and put on her seat belt. Id. Irma obeyed. Id.
However, just as the van approached the Letot Center, Irma unbuckled her seat belt, unlocked the van door, and jumped out of the van. Id. at 43. Sierra explains that since she was only driving 15 mph, she was able to stop right next to Irma. Id. While Sierra believes Irma attempted to land on her feet, she landed on her head instead, and sustained severe trauma to the back of her head. Id. Sierra yelled at one man to call 911 and at another woman to run across the street to the Letot Center to get assistance. Id.
Sam Quattrochi, the Superintendent at the Letot Center, was called to the scene, and found Irma on her back with her eyes partially closed and a very faint pulse. Id. The paramedics arrived within minutes and attempted to stabilize Irma. Id. at 42-43. Despite their efforts, Irma was pronounced dead at Parkland Hospital on June 28, 2001. Id. at 43.
Catherine Barron filed suit on January 23, 2003 alleging claims of wrongful death pursuant to the Texas Wrongful Death Act, negligence, and state-created danger pursuant to 42 U.S.C. § 1983 against Defendants. (Pl.'s Compl. at 4-10.) The Court will address each of Plaintiff's claims and Defendants' affirmative defenses in turn.
Irma Barron or Irma Morante ("Irma"), a 15 year old chronic runaway, ran away from her home in Irving, Texas on June 22, 2001. (Pl.'s Resp. App. at 41, 51.) Her biological mother, Catherine Barron, filed a runaway report regarding her daughter with the Irving Police Department. Id. at 41. On June 27, 2001, Catherine Barron received a phone call informing her that Irma had been taken to the Letot Center. Id. The Letot Center is a non-secure, emergency shelter for runaway minors operated by the Dallas County Juvenile Department. (Defs.' Mot. Summ. J. App. at 90.) That evening, Irma attempted to run away from the Letot Center. (Pl.'s Resp. App. at 47.)
The next morning Irma telephoned her mother to tell her that she had been informed that she would be staying at the Letot Center for a week. Id. at 41. After the telephone call, Hilda Sierra, a Transportation Officer with the Letot Center, drove Irma in a van operated by the Letot Center to the clinic for a medical screening. Id. at 42. Since Sierra had been informed that Irma had attempted to run away the night before, she spoke with Irma at length, and Irma did not give Sierra any indication that she would try to run away again. Id. Irma spent approximately 15 to 20 minutes with the nurse, and then Sierra and Irma got into the van to head back to the Letot Center. Id. On their way back, Sierra noticed that Irma had unbuckled her seat belt and was moving around in the back of the van. Id. Sierra instructed Irma to sit down and put on her seat belt. Id. Irma obeyed. Id.
However, just as the van approached the Letot Center, Irma unbuckled her seat belt, unlocked the van door, and jumped out of the van. Id. at 43. Sierra explains that since she was only driving 15 mph, she was able to stop right next to Irma. Id. While Sierra believes Irma attempted to land on her feet, she landed on her head instead, and sustained severe trauma to the back of her head. Id. Sierra yelled at one man to call 911 and at another woman to run across the street to the Letot Center to get assistance. Id.
Sam Quattrochi, the Superintendent at the Letot Center, was called to the scene, and found Irma on her back with her eyes partially closed and a very faint pulse. Id. The paramedics arrived within minutes and attempted to stabilize Irma. Id. at 42-43. Despite their efforts, Irma was pronounced dead at Parkland Hospital on June 28, 2001. Id. at 43.
Catherine Barron filed suit on January 23, 2003 alleging claims of wrongful death pursuant to the Texas Wrongful Death Act, negligence, and state-created danger pursuant to 42 U.S.C. § 1983 against Defendants. (Pl.'s Compl. at 4-10.) The Court will address each of Plaintiff's claims and Defendants' affirmative defenses in turn.
The next morning Irma telephoned her mother to tell her that she had been informed that she would be staying at the Letot Center for a week. Id. at 41. After the telephone call, Hilda Sierra, a Transportation Officer with the Letot Center, drove Irma in a van operated by the Letot Center to the clinic for a medical screening. Id. at 42. Since Sierra had been informed that Irma had attempted to run away the night before, she spoke with Irma at length, and Irma did not give Sierra any indication that she would try to run away again. Id. Irma spent approximately 15 to 20 minutes with the nurse, and then Sierra and Irma got into the van to head back to the Letot Center. Id. On their way back, Sierra noticed that Irma had unbuckled her seat belt and was moving around in the back of the van. Id. Sierra instructed Irma to sit down and put on her seat belt. Id. Irma obeyed. Id.
However, just as the van approached the Letot Center, Irma unbuckled her seat belt, unlocked the van door, and jumped out of the van. Id. at 43. Sierra explains that since she was only driving 15 mph, she was able to stop right next to Irma. Id. While Sierra believes Irma attempted to land on her feet, she landed on her head instead, and sustained severe trauma to the back of her head. Id. Sierra yelled at one man to call 911 and at another woman to run across the street to the Letot Center to get assistance. Id.
Sam Quattrochi, the Superintendent at the Letot Center, was called to the scene, and found Irma on her back with her eyes partially closed and a very faint pulse. Id. The paramedics arrived within minutes and attempted to stabilize Irma. Id. at 42-43. Despite their efforts, Irma was pronounced dead at Parkland Hospital on June 28, 2001. Id. at 43.
Catherine Barron filed suit on January 23, 2003 alleging claims of wrongful death pursuant to the Texas Wrongful Death Act, negligence, and state-created danger pursuant to 42 U.S.C. § 1983 against Defendants. (Pl.'s Compl. at 4-10.) The Court will address each of Plaintiff's claims and Defendants' affirmative defenses in turn.
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