Legal Opinion
Raymond Louis Bender v. James A. Brumley
Court of Appeals for the Fifth Circuit
Decided July 12, 1993No. 91-4884PublishedCited by 3 opinions
1Opinion of the Court
JERRE S. WILLIAMS, Circuit Judge:
This 42 U.S.C. § 1983 case asserts the police used excessive force in dealing with a pre-trial detainee. The critical, narrow issue before us is whether it was reversible error for the district court to instruct the jury that it must find that Raymond Bender suffered “significant injury” before it could return a verdict in his favor? We conclude that the jury was inescapably misguided by the instruction, which ran afoul of the Supreme Court’s recent decision in Hudson v. McMillian, — U.S. -, 112 S.Ct. 995, 117 L.Ed.2d 156 (1992), as explicated by this Circuit…
2Cases cited25 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
- Hudson v. McMillianSupreme Court of the United States · 1992
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Whitley v. AlbersSupreme Court of the United States · 1986
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3Cited by3 opinions
- Emmett Wilks, Jr. v. Julio Gonzales ReyesCourt of Appeals for the Ninth Circuit · 1993
- Raymond Louis Bender v. James A. BrumleyCourt of Appeals for the Fifth Circuit · 1993
- Raymond Louis Bender v. James A. BrumleyCourt of Appeals for the Fifth Circuit · 1993