Legal Opinion
Harry Lee Jackson v. City of Beaumont Police Department, Don Gordon, Officer, and E.R. Pachall, Officer
Court of Appeals for the Fifth Circuit
Decided April 3, 1992No. 91-4709PublishedCited by 82 opinions
1Opinion of the Court
BARKSDALE, Circuit Judge:
Asserting qualified immunity, police officers Don Gordon and E.R. Pachall appeal the denial of their Rule 12(b)(6) motion to dismiss Harry Lee Jackson’s § 1983 claim that he was subjected to excessive force during an arrest, Jackson having earlier survived a 28 U.S.C. § 1915(d) Spears hearing. This appeal brings to the fore the differences in the functions of § 1915(d) and Spears hearings on the one hand and Rule 12(b)(6) on the other. We REVERSE and REMAND.
I
In November 1987, Jackson, pro se and in forma pauperis, filed an action under 42 U.S.C. § 1983 against the…
2Cases cited26 opinions
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- Anderson v. CreightonSupreme Court of the United States · 1987
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Hudson v. McMillianSupreme Court of the United States · 1992
- Norman R. Spears v. O.L. McCotter Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1985
21 more not listed; retrieve them via the Exa API.
3Cited by82 opinions
- Jerry L. Branch, Valenna Branch, Colby Branch v. Dale L. Tunnell, Individually and as Special Agent of Bureau of Land Management, State of MontanaCourt of Appeals for the Ninth Circuit · 1994
- Joseph M. Schultea, Sr. v. David Robert Wood, David Robert Wood, Homer Ford, W.F. "Slim" Plagens and Warren K. DriverCourt of Appeals for the Fifth Circuit · 1995
- Dao v. Auchan HypermarketCourt of Appeals for the Fifth Circuit · 1996
- Ken Mouille, Leroy Liberda v. The City of Live Oak, Texas, Mark E. Jackley, Douglas Faesler, and Timothy BrittCourt of Appeals for the Fifth Circuit · 1993
- Morin v. CaireCourt of Appeals for the Fifth Circuit · 1996
77 more not listed; retrieve them via the Exa API.