(CN) – An inmate who says he contracted herpes and hepatitis C by a contaminated razor does not have an actionable claim, a Texas appeals court ruled.
Arturo Solis sued the Texas Department of Criminal Justice, claiming that he was forced to shave with a contaminated razor and contracted herpes and hepatitis C.
The trial court dismissed the case because Solis failed to establish a waiver of sovereign immunity.
On appeal, Chief Justice Tom Gray of the Waco-based 10th Texas Court of Appeal noted that this immunity can be waived under the Texas Tort Claims Act, when a governmental unit provides equipment that lacks a safety component.
But “Solis makes no contention in his pleadings that there was an integral safety component missing from the contaminated razor,” Gray concluded.