Legal Opinion

Eric Smith v. Steve Brenoettsy, Lieutenant, John P. Whitley, Warden

Court of Appeals for the Fifth Circuit

Decided November 5, 1998No. 97-30587PublishedCited by 235 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge.

Eric Smith, an inmate at Louisiana State Penitentiary at Angola (“LSPA”), brought suit pursuant to 42 U.S.C. § 1983 and state tort law against LSPA guard Steve Brengett-sy, 1 LSPA Warden John Whitley and others after Brengettsy allegedly stabbed Smith. The magistrate judge denied summary judgment on Smith’s failure-to-supervise claim against Whitley. Whitley now brings an interlocutory appeal from this denial of summary judgment, arguing that he is entitled to qualified immunity. We dismiss for lack of jurisdiction.

I

Brengettsy allegedly stabbed Smith in the…

2Cases cited17 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Farmer v. BrennanSupreme Court of the United States · 1994
  4. Wilson v. SeiterSupreme Court of the United States · 1991
  5. Helling v. McKinneySupreme Court of the United States · 1993

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

3Cited by235 opinions

  1. Goodman v. Harris CountyCourt of Appeals for the Fifth Circuit · 2009
  2. Harris v. HegmannCourt of Appeals for the Fifth Circuit · 1999
  3. Brown v. CallahanCourt of Appeals for the Fifth Circuit · 2010
  4. Estate of Davis Ex Rel. McCully v. City of North Richland HillsCourt of Appeals for the Fifth Circuit · 2005
  5. Johnson v. JohnsonCourt of Appeals for the Fifth Circuit · 2004

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API