Legal Opinion
Charles J. Wolfer and Wife, Kathryn Wolfer v. Raymond C. Thaler and the City of Brenham
Court of Appeals for the Fifth Circuit
Decided January 7, 1976No. 75-3077PublishedCited by 27 opinions
1Opinion of the Court
DYER, Circuit Judge:
Appellants are husband and wife who brought suit under 42 U.S.C.A. § 1983, 1 against defendant police officer Thaler, and the City of Brenham, Thaler’s employer. The gravaman of the complaint is that Thaler’s fatal shooting of appellants’ son while he was attempting to flee from a burglary was an unconstitutional deprivation of their son’s life. Appellants seek monetary damages for the loss of their son, a declaratory judgment that the old Texas justifiable homicide statute, V.T.C.A., Penal Code, Art. 1222, under which Thaler acted, 2 is unconstitutional, and an injunction…
2Cases cited5 opinions
- Pierson v. RaySupreme Court of the United States · 1967
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- City of Kenosha v. BrunoSupreme Court of the United States · 1973
- Hattie Brazier v. W. B. CherryCourt of Appeals for the Fifth Circuit · 1961
- Robert Dean Mattis, M.D. v. Patrolman Richard R. SchnarrCourt of Appeals for the Eighth Circuit · 1974
3Cited by27 opinions
- John Russell Webster, Cross-Appellants v. The City of Houston, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1984
- Frank Slavin v. Tim Curry Etc.Court of Appeals for the Fifth Circuit · 1978
- Beoties Emory v. Clarence Peeler, Individually and in His Official Capacity as Superior Court Judge, Stone Mountain Judicial CircuitCourt of Appeals for the Eleventh Circuit · 1985
- Middle South Energy, Inc. And New Orleans Public Service Inc. v. The City of New Orleans and the Council of the City of New OrleansCourt of Appeals for the Fifth Circuit · 1986
- Collin County, Texas v. Homeowners Association for Values Essential to Neighborhoods, (Haven) v. Robert E. Farris, as Federal Highway AdministratorCourt of Appeals for the Fifth Circuit · 1990
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