Legal Opinion · Concurring in part, dissenting in part
Nichole Sanchez v. Young County, Texas, et
Court of Appeals for the Fifth Circuit
Decided July 31, 2017No. 16-10227Published
1Concurring in part, dissenting in partRhesa Hawkins Barksdale, Circuit Judge
Although I concur in remanding the claim for unconstitutional conditions of confinement (UCC), in order for the district court to rule on it in the first instance, I must respectfully dissent from affirming the summary judgment against the claim for episodic acts or omissions (EA/O). Regarding the EA/O claim, I disagree with the majority’s factual analysis, the standard to be applied, and the resulting outcome.
In this instance, such disagreement among reasonable jurists over a summary judgment highlights a strong likelihood a reasonable juror could find for the non-movant plaintiffs—the…
2Cases cited22 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Piotrowski v. City of HoustonCourt of Appeals for the Fifth Circuit · 2001
- Domino v. Texas Department of Criminal JusticeCourt of Appeals for the Fifth Circuit · 2001
- State Farm Life Insurance Company v. Diane D. Gutterman v. Regan Daughtry Gutterman and John S. Gutterman, Iii, Infants, and H.J. Davidson, Jr., Co-Guardian Ad Litem of the Minor Children, Etc.Court of Appeals for the Fifth Circuit · 1990
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