Legal Opinion

Heath v. Brown

Court of Appeals for the Fifth Circuit

Decided January 20, 1987No. ,. 86-1253PublishedCited by 11 opinions

1Per curiam

The City of Fort Worth and several of its officials and police officers appeal from a $15,000 award of attorneys’ fees under 42 U.S.C. § 1988. We vacate and remand the case because the district court did not determine whether the plaintiffs prevailed on their federal claims.

I

Plaintiffs John Heath and Joyce Thomas were arrested on separate occasions in 1976 and early 1977 by City of Fort Worth police officers for violating the Texas “Failure to Identify” law. Tex.Penal Code Ann. § 38.02 (Vernon 1974). The “Failure to Identify” law requires a person lawfully stopped by a peace officer to report…

2Cases cited25 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. Hensley v. EckerhartSupreme Court of the United States · 1983
  4. Blum v. StensonSupreme Court of the United States · 1984
  5. City of Los Angeles v. LyonsSupreme Court of the United States · 1983

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3Cited by11 opinions

  1. Larry Pembroke v. Wood County, TexasCourt of Appeals for the Fifth Circuit · 1993
  2. Jonathan Savidge v. Jaylon FincannonCourt of Appeals for the Fifth Circuit · 1988
  3. John Heath v. Chief A.J. Brown, City of Fort Worth, Texas, Lee R. Caughron, and J.D. TywaterCourt of Appeals for the Fifth Circuit · 1988
  4. Nagy Ex Rel. Nagy v. Evansville-Vanderburgh School Corp.Indiana Court of Appeals · 2007
  5. Heath v. BrownCourt of Appeals for the Fifth Circuit · 1987

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