Legal Opinion
Bazan Ex Rel. Bazan v. Hidalgo County
Court of Appeals for the Fifth Circuit
Decided March 27, 2001No. 97-41463PublishedCited by 412 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
For this interlocutory appeal from the summary judgment denial of qualified immunity for Texas Department of Public Safety (TDPS) Trooper Raul Vargas’ use of deadly force (the Trooper being the sole surviving witness to such use and the test being whether his actions were objectively reasonable), the threshold issue is whether the facts the district judge concluded are genuinely disputed are also material. If they are material, we lack jurisdiction.
In addition to claiming entitlement to qualified immunity, the Trooper contends the district court erred in…
2Cases cited33 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Graham v. ConnorSupreme Court of the United States · 1989
- Anderson v. CreightonSupreme Court of the United States · 1987
28 more not listed; retrieve them via the Exa API.
3Cited by412 opinions
- Brumfield v. HollinsCourt of Appeals for the Fifth Circuit · 2008
- Gobert v. CaldwellCourt of Appeals for the Fifth Circuit · 2006
- Peter Clayton McClendon v. City of Columbia, City of Columbia James R. CarneyCourt of Appeals for the Fifth Circuit · 2002
- Maria Pena v. City of Rio Grande City, TexaCourt of Appeals for the Fifth Circuit · 2018
- Goodman v. Harris CountyCourt of Appeals for the Fifth Circuit · 2009
407 more not listed; retrieve them via the Exa API.