Federal appeals court upholds dismissal of suit filed by deceased Mississippi inmate's mother


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JACKSON, Mississippi — A federal appeals court has upheld the dismissal of a lawsuit filed by a deceased Mississippi inmate's mother against Forrest County, Sheriff Billy McGee, a corrections officer and the jail nurse after the woman's son died in custody.

Devin Daniel Fortune was jailed for allegedly stabbing his transsexual partner to death in Hattiesburg in 2009.

Fortune's mother alleged in the lawsuit that her son complained of a sinus infection, fever, problems breathing and a sore throat on March 28, 2011, for which he was prescribed antibiotics and antihistamines for 10 days.

Devin Fortune died during the early morning hours of April 1, 2011, from what his death certificate lists as "acute and chronic pneumonia."

A Mississippi federal judge dismissed the lawsuit in 2013.

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