Legal Opinion
Antonio Gomez Hernandez v. Phillip Maxwell and Midland Police Department
Court of Appeals for the Fifth Circuit
Decided July 10, 1990No. 90-8062PublishedCited by 34 opinions
1Opinion of the Court
POLITZ, Circuit Judge:
The district court granted defendants’ Fed.R.Civ.P. 12(b)(6) motion to dismiss the 42 U.S.C. § 1983 suit filed pro se by Antonio Gomez Hernandez against the Midland, Texas Police Department and Detective Phillip Maxwell. Concluding that Hernandez has stated a cause upon which the requested relief may be granted, we vacate and remand for further proceedings.
Background
On June 9, 1987 members of the Midland Police force, led by detective Maxwell, searched the residence of Hernandez pursuant to a warrant authorizing the search and seizure of heroin. No heroin was found but…
2Cases cited7 opinions
- Haines v. KernerSupreme Court of the United States · 1972
- Hudson v. PalmerSupreme Court of the United States · 1984
- Francis Nolan Augustine v. John Doe, Deputy Sheriff, Lafayette ParishCourt of Appeals for the Fifth Circuit · 1984
- Lewis R. Daniel v. Wayne FergusonCourt of Appeals for the Fifth Circuit · 1988
- Wendell Dale Lewis and Martin Hernandez v. Warden WoodsCourt of Appeals for the Fifth Circuit · 1988
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Eason v. HoltCourt of Appeals for the Fifth Circuit · 1996
- Samtani v. City of LaredoDistrict Court, S.D. Texas · 2017
- Kenneth C. Biliski v. Melvin Harborth, Sheriff, Guadalupe County and James A. Collins, Director Tdc.Court of Appeals for the Fifth Circuit · 1995
- Quinton E. Neville v. American Republic Insurance CompanyCourt of Appeals for the Fifth Circuit · 1990
- Garrett v. Commonwealth Mortgage Corp. of AmericaCourt of Appeals for the Fifth Circuit · 1991
29 more not listed; retrieve them via the Exa API.