Legal Opinion
Mersch v. City of Dallas Texas
Court of Appeals for the Fifth Circuit
Decided March 23, 2000No. 98-11115PublishedCited by 22 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
In this § 1983 excessive force case, the question of qualified immunity hinges on whether a plaintiffs hypnotically-refreshed testimony is admissible to prove that two arresting police officers assaulted her. The magistrate judge admitted the testimony for summary judgment purposes, leading him to deny qualified immunity. Because this testimony was uncorroborated and was based on a hypnotic procedure lacking recognized safeguards, we conclude that the magistrate judge abused his discretion in admitting it. Absent any other evidence to prove that an assault…
2Cases cited11 opinions
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Johnson v. JonesSupreme Court of the United States · 1995
- Rock v. ArkansasSupreme Court of the United States · 1987
- Behrens v. PelletierSupreme Court of the United States · 1996
- Rommie STULTS and Stephen Wallace, Plaintiffs-Appellants, v. CONOCO, INC. and Brad Burmaster, Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1996
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- David Maurer v. Independence TownCourt of Appeals for the Fifth Circuit · 2017
- Juarez v. AguilarCourt of Appeals for the Fifth Circuit · 2011
- Roark v. CommonwealthKentucky Supreme Court · 2002
- State v. PattonSupreme Judicial Court of Maine · 2012
- Elwakin v. Target Media Partners Operating Co. LLC.District Court, E.D. Louisiana · 2012
17 more not listed; retrieve them via the Exa API.