Legal Opinion
Gilmere v. City of Atlanta
Court of Appeals for the Eleventh Circuit
Decided October 15, 1985No. Nos. 82-8457, 82-8760PublishedCited by 210 opinions
1Opinion of the Court
VANCE, Circuit Judge:
On New Year’s Day in 1980, Thomas Patillo died at the hand of an Atlanta policeman. We accepted this case for en banc consideration primarily to determine whether Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), precludes a claim by his administratrix under 42 U.S.C. § 1983 because state tort law provides a comparable remedy.
I
The facts as found by the district court disclose that after drinking heavily and driving about Atlanta throughout New Year’s Day, Thomas Patillo had a near-collision with a van and then got into an argument with the van’s…
2Cases cited52 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Bell v. WolfishSupreme Court of the United States · 1979
- Hudson v. PalmerSupreme Court of the United States · 1984
47 more not listed; retrieve them via the Exa API.
3Cited by210 opinions
- Busby v. City of OrlandoCourt of Appeals for the Eleventh Circuit · 1991
- McKinney v. PateCourt of Appeals for the Eleventh Circuit · 1994
- Connie Robison v. Susan R. Via and Harold HarrisonCourt of Appeals for the Second Circuit · 1987
- Mike Yang v. Paul HardinCourt of Appeals for the Seventh Circuit · 1994
- Martin v. GentileCourt of Appeals for the Fourth Circuit · 1988
205 more not listed; retrieve them via the Exa API.