Legal Opinion

Brown v. Miller

Court of Appeals for the Fifth Circuit

Decided February 27, 2008No. 06-30887PublishedCited by 114 opinions

1Opinion of the Court

OWEN, Circuit Judge:

Nace Jerry Miller (Miller) appeals the district court’s denial of his motion to dismiss on the grounds of qualified immunity. We affirm in part, dismiss in part, and remand for further proceedings.

I

Because this is an appeal from a denial of a motion to dismiss, these facts are taken from the pleadings and are presented in the light most favorable to the plaintiff. In 1984, Dennis Patrick Brown (Brown) was convicted of rape and sentenced to life in prison. Twenty years later, DNA testing proved him innocent, and he was released. He sued the city of Covington, Louisiana, and…

2Cases cited15 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Scott v. HarrisSupreme Court of the United States · 2007
  4. Napue v. IllinoisSupreme Court of the United States · 1959
  5. Joseph M. Schultea, Sr. v. David Robert Wood, David Robert Wood, Homer Ford, W.F. "Slim" Plagens and Warren K. DriverCourt of Appeals for the Fifth Circuit · 1995

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3Cited by114 opinions

  1. Natasha Whitley v. John HannaCourt of Appeals for the Fifth Circuit · 2013
  2. Brown v. CallahanCourt of Appeals for the Fifth Circuit · 2010
  3. Herbert Whitlock v. Charles BrueggeCourt of Appeals for the Seventh Circuit · 2012
  4. Armstrong v. AshleyCourt of Appeals for the Fifth Circuit · 2023
  5. Thad Delaughter v. Ronald WoodallCourt of Appeals for the Fifth Circuit · 2018

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

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