Legal Opinion

Diane Duncan v. Robert Barnes

Court of Appeals for the Fifth Circuit

Decided April 13, 1979No. 77-1830PublishedCited by 41 opinions

1Opinion of the Court

INGRAHAM, Circuit Judge:

This civil rights action against state law enforcement authorities arose out of the execution of a search warrant on the wrong premises. Appellants Diane Duncan, Ted Hooks, and Delia Gutierrez, students at a court reporting school in Plainview, Texas, brought suit against appellees Robert Barnes, Russell Ivy, James Patterson, Gary Noblett, Benny Clifton, and Gary Gillespie, 1 under 42 U.S.C. § 1983 (1976), alleging violations of their fourth and fourteenth amendment rights. Two special issues were put to the jury: (1) whether the officers acted in good faith and with a…

2Cases cited3 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. Tomas Rodriguez v. Clarence JonesCourt of Appeals for the Fifth Circuit · 1973
  3. United States v. Tommie Murrie, Jr.Court of Appeals for the Sixth Circuit · 1976

3Cited by41 opinions

  1. Lawmaster v. WardCourt of Appeals for the Tenth Circuit · 1997
  2. Gary Baskin and Beulah Baskin v. Eugene Parker and Curtis L. SmithCourt of Appeals for the Fifth Circuit · 1979
  3. Fred Tarpley, Sr. v. Raymond J. GreeneCourt of Appeals for the D.C. Circuit · 1982
  4. Alan McSurely v. John L. McClellan Thomas Ratliff, Individually and as Sometime Commonwealth Attorney for Pike County, KentuckyCourt of Appeals for the D.C. Circuit · 1982
  5. Hill v. McIntyreCourt of Appeals for the Sixth Circuit · 1989

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