Karen Abraugh’s son Randall died in police custody. He had been identified as “a detainee who should be followed for alcohol withdrawal syndrome and possible delirium tremens,” however the police failed to monitor him. He was found the next day hanging from his bedsheets and transported to the hospital where he passed away. Karen filed a wrongful death suit against the Bossier Maximum Security Facility on behalf of herself and her son’s estate. She later amended the complaint to include her son’s wife and child. The district court granted the Defendants’ motion to dismiss because Karen did not have Article III standing to bring the suit. On appeal, the Fifth Circuit Court of Appeals found the district court erred. Karen lacked prudential standing, not Article III standing to bring the suit. In its opinion, the Fifth Circuit discussed the differences between prudential standing and Article II standing plus why it matters in this case. Find those details and the full case opinion here.

For assistance with wrongful death suits, contact the attorneys at Webb, Sanders & Williams at 662-844-2137.