Legal Opinion

Summer Gorman v. State of Mississippi

Court of Appeals for the Fifth Circuit

Decided June 6, 2018No. 17-60515PublishedCited by 18 opinions

1Opinion of the Court

JAMES C. HO, Circuit Judge:

The circumstances that led to this lawsuit are unquestionably tragic-an accidental fatal shooting during an officer training session. But the Constitution does not afford a cure for every tragedy. And it does not here for one simple reason: Under established Supreme Court precedent, the Fourth Amendment concerns only intentional, not accidental, searches and seizures. Nor have the parties given any indication that the Supreme Court should revisit its precedent in light of the text or original understanding of the Fourth Amendment.

There is a pending tort action in…

2Cases cited8 opinions

  1. Pearson v. CallahanSupreme Court of the United States · 2009
  2. White v. PaulySupreme Court of the United States · 2017
  3. Kisela v. HughesSupreme Court of the United States · 2018
  4. Plumhoff v. RickardSupreme Court of the United States · 2014
  5. Brower Ex Rel. Estate of Caldwell v. County of InyoSupreme Court of the United States · 1989

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3Cited by18 opinions

  1. Benavides v. NunezCourt of Appeals for the Fifth Circuit · 2025
  2. Benjamin Shotts v. City of Taylor, et al.District Court, E.D. Michigan · 2025
  3. Bryant v. GillemDistrict Court, N.D. Texas · 2019
  4. Carney v. New Orleans CityDistrict Court, E.D. Louisiana · 2020
  5. Danielle Arthur v. Douglas KrauseCourt of Appeals for the Sixth Circuit · 2026

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