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U.S. Court of Appeals for Fifth Circuit Tosses Challenge to TADA

Several months ago, I blogged about the case of Emily-Jean Aguocha-Ohakweh. His family sued Ben Taub hospital accusing the hospital and the doctors of killing Mr. Ohakweh as part of a conspiracy to deprive him of his constitutional rights.

Last week, the U.S. Court of Appeals for the Fifth Circuit held that the district court properly granted  the Defendants’ motions to dismiss and denied the Ohakwehs’ motions for relief from judgment.

This is not a vindication of TADA. The plaintiffs apparently did not draft a sufficiently clear complaint and lost on procedural grounds.  

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