Legal Opinion · Concurring in part, dissenting in part

Roger Poole v. City of Shreveport

Court of Appeals for the Fifth Circuit

Decided August 16, 2012No. 11-30158Published

1Concurring in part, dissenting in partJennifer Walker Elrod, Circuit Judge

I concur in the result on all of the claims except those against Corporal James Creighton (“Corporal Creighton” or “Creighton”). Viewing the facts in the light most favorable to plaintiff Roger L. Poole (“Poole”), fact issues exist as to whether Creighton is entitled to qualified immunity. Therefore, I would send Poole’s excessive force claim against Creighton to the jury.1

I

The majority opinion is correct that the videotape that captured most of the events relevant to this case “significantly aids our understanding” of them and that we must “view[ ] the facts in the light depicted by the…

2Cases cited27 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Graham v. ConnorSupreme Court of the United States · 1989
  4. Pearson v. CallahanSupreme Court of the United States · 2009
  5. Scott v. HarrisSupreme Court of the United States · 2007

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