Legal Opinion

Geter v. Fortenberry

Court of Appeals for the Fifth Circuit

Decided July 26, 1988No. 87-1605PublishedCited by 87 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

The issue before us is whether the district court erred in rejecting, pending further discovery by appellee, the official immunity defenses raised by a municipal police officer and two county prosecutors who were sued under 42 U.S.C. § 1983. We have jurisdiction over this interlocutory appeal. Concerning the prosecutors, we reverse the district court; with respect to the police officer, we dismiss the appeal and remand.

BACKGROUND

In August 1982, a lone black male robbed the Kentucky Fried Chicken outlets in Greenville and Balch Springs, Texas; the Taco Bell outlet…

2Cases cited23 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  4. Anderson v. CreightonSupreme Court of the United States · 1987
  5. Mitchell v. ForsythSupreme Court of the United States · 1985

18 more not listed; retrieve them via the Exa API.

3Cited by87 opinions

  1. Owens v. Baltimore City State's Attorneys OfficeCourt of Appeals for the Fourth Circuit · 2014
  2. 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
  3. James, Carrie, a Minor, by Elizabeth James, Next Friend v. T.G. SadlerCourt of Appeals for the Fifth Circuit · 1990
  4. Harvey A. Thompson v. City of Starkville, Mississippi, David Lindley, Larry Sisk, and Jimmy Raines, Individually and in Their Official CapacitiesCourt of Appeals for the Fifth Circuit · 1990
  5. McMillian v. JohnsonCourt of Appeals for the Eleventh Circuit · 1996

82 more not listed; retrieve them via the Exa API.

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