Legal Opinion
James Johnson, Jr. v. D. Moral
Court of Appeals for the Fifth Circuit
Decided May 23, 1988No. 86-3662PublishedCited by 32 opinions
1Opinion of the Court
GEE, Circuit Judge:
The issue in today’s case is whether the Constitution is violated by a malicious and gratuitous application of unnecessary force by a state officer, or whether the victim must be content with a common-law tort action, where the physical injuries inflicted are trifling ones.
The facts of the case, as alleged by the complainant and as assumed by the trial court for summary judgment purposes, were:
Plaintiff Johnson was driving on the Greater New Orleans Bridge when his car stalled. Another motorist pushed Johnson’s car for some distance until the defendant, Officer David Moral,…
2Cases cited9 opinions
- Rochin v. CaliforniaSupreme Court of the United States · 1952
- Johnson v. GlickCourt of Appeals for the Second Circuit · 1973
- Charles v. Shillingford v. Van E. Holmes, Etc.Court of Appeals for the Fifth Circuit · 1981
- Errol Lynch v. Joseph S. Cannatella, Jr.Court of Appeals for the Fifth Circuit · 1987
- George Hinshaw v. Bob Doffer, Individually and as Chief of Police, Perryton, Texas Ron Wyrick, Individually and as a Police Officer, Perryton, TexasCourt of Appeals for the Fifth Circuit · 1986
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Carrie Melear and Willie Stewart v. Wayne Spears, Etc., Ron Averitt, Etc.Court of Appeals for the Fifth Circuit · 1989
- E. Scott McHenry v. Samuel ChadwickCourt of Appeals for the Sixth Circuit · 1990
- United States v. John CoffinCourt of Appeals for the Second Circuit · 1996
- Jay T. Brown v. Deputy Constable John GlossipCourt of Appeals for the Fifth Circuit · 1989
- Glenn G. LATHAM, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary Department of Health & Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1994
27 more not listed; retrieve them via the Exa API.