Legal Opinion

Felton v. Polles

Court of Appeals for the Fifth Circuit

Decided December 17, 2002No. 01-60104PublishedCited by 144 opinions

1Opinion of the Court

RHESA HAWKINS BARKSDALE, Circuit Judge:

For the alleged racially-discriminatory conduct in state employment extending through 15 years,' the numerous issues in this interlocutory appeal from a qualified immunity denial underscore the importance of exacting application of each of the two parts comprising the long-established test for ruling on such immunity: (1) under existing law, does the plaintiff allege a violation of an actual, clearly established constitutional or federal statutory right; and (2) if so, was the defendant’s conduct objectively unreasonable in the light of clearly…

2Cases cited45 opinions

  1. West v. AtkinsSupreme Court of the United States · 1988
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Mitchell v. ForsythSupreme Court of the United States · 1985
  4. Harris v. Forklift Systems, Inc.Supreme Court of the United States · 1993
  5. National Railroad Passenger Corporation v. MorganSupreme Court of the United States · 2002

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3Cited by144 opinions

  1. Isaiah Russell Jones Robert Sparks, Jr. Herman Parks, Jr. v. Alcoa, Inc.Court of Appeals for the Fifth Circuit · 2003
  2. Pegram v. Honeywell, Inc.Court of Appeals for the Fifth Circuit · 2004
  3. Tarver v. City of EdnaCourt of Appeals for the Fifth Circuit · 2005
  4. Hamilton v. Dallas CountyCourt of Appeals for the Fifth Circuit · 2023
  5. Hernandez v. Texas Department of Protective & Regulatory ServicesCourt of Appeals for the Fifth Circuit · 2004

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