Legal Opinion
Presley v. City of Benbrook
Court of Appeals for the Fifth Circuit
Decided October 11, 1993No. 92-1202PublishedCited by 47 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
Louis Earl Presley was arrested because he chose not to speak to police and was mistaken for a violent suspect whom they were trying to arrest in a sexual assault ease. Naturally, he sued the arresting officers and the City of Benbrook, Texas, contending, inter alia, that the officers’ entry into his house and arrest violated the Fourth Amendment and that Texas Penal Code § 38.02(a), the failure to identify statute, is unconstitutional on its face and as applied. The district court granted summary judgment on his challenge to section 38.02(a), while a jury…
2Cases cited23 opinions
- Anderson v. CreightonSupreme Court of the United States · 1987
- Malley v. BriggsSupreme Court of the United States · 1986
- Hunter v. BryantSupreme Court of the United States · 1991
- Kolender v. LawsonSupreme Court of the United States · 1983
- Brown v. TexasSupreme Court of the United States · 1979
18 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- City of Lancaster v. ChambersTexas Supreme Court · 1994
- James Snyder, Plaintiff-Appellee-Cross-Appellant v. Sidney Trepagnier, City of New Orleans, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1998
- Patricia Littrell, Appellant/cross-Appellee v. Daniel Jake Franklin, in His Official and Individual Capacities, Appellee/cross-AppellantCourt of Appeals for the Eighth Circuit · 2004
- Kathy St. Hilaire, Etc. v. City of LaconiaCourt of Appeals for the First Circuit · 1995
- Alford, Cecil EdwardCourt of Criminal Appeals of Texas · 2012
42 more not listed; retrieve them via the Exa API.