Legal Opinion

Derrick Newman v. James Guedry

Court of Appeals for the Fifth Circuit

Decided December 21, 2012No. 11-41192PublishedCited by 211 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

James Guedry and David Burke appeal the denial of their motion for summary judgment based on qualified and official immunity from Derrick Newman’s 42 U.S.C. § 1983 excessive-force and state-law claims. We dismiss the appeal for want of jurisdiction on account of our finding material those facts the district court determined to be in genuine dispute.

I

Late one night in August 2007, Officer Jason Torres pulled Willie Cole (‘Willie”) over for failing to yield to oncoming traffic while making a lefthand turn in Beaumont, Texas.1 Torres approached the car and asked…

2Cases cited22 opinions

  1. Graham v. ConnorSupreme Court of the United States · 1989
  2. Scott v. HarrisSupreme Court of the United States · 2007
  3. Anderson v. CreightonSupreme Court of the United States · 1987
  4. Brosseau v. HaugenSupreme Court of the United States · 2004
  5. Maryland v. WilsonSupreme Court of the United States · 1997

17 more not listed; retrieve them via the Exa API.

3Cited by211 opinions

  1. Maria Pena v. City of Rio Grande City, TexaCourt of Appeals for the Fifth Circuit · 2018
  2. Katie Joseph v. John DoeCourt of Appeals for the Fifth Circuit · 2020
  3. Eric Darden v. City of Fort Worth, TexasCourt of Appeals for the Fifth Circuit · 2018
  4. George Trammell v. Kevin FrugeCourt of Appeals for the Fifth Circuit · 2017
  5. Marcus Hanks v. Randall RogersCourt of Appeals for the Fifth Circuit · 2017

206 more not listed; retrieve them via the Exa API.

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