DANIEL P. JORDAN III, District Judge. James Legate, Texas prisoner # 888549, filed suit under 42 U.S.C. § 1983 against Brad Livingston, Executive Director of the Texas Department of Criminal Justice (“TDCJ”). Legate alleged that Livingston violated his Eighth Amendment right to be free from cruel and unusual punishment by failing to protect him from the risk of contracting communicable dis…
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