Legal Opinion

Wernecke v. Garcia

Court of Appeals for the Fifth Circuit

Decided December 15, 2009No. 09-40132PublishedCited by 105 opinions

1Opinion of the Court

KING, Circuit Judge:

Edward and Michelle Wernecke and their four minor children (KW, JW, JW, and JW) brought suit under 42 U.S.C. § 1983 against Linda Kim Garcia and Claira Trainer for alleged violations of the Fourth and Fourteenth Amendments. The Werneckes allege that Garcia and Trainer illegally searched their residence without a warrant and seized three of the children -without a custody order. Garcia and Trainer bring an interlocutory appeal of the district court’s order denying their motion for summary judgment on the ground of qualified immunity. We REVERSE in part, AFFIRM in part, and…

2Cases cited24 opinions

  1. Farmer v. BrennanSupreme Court of the United States · 1994
  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. Anderson v. CreightonSupreme Court of the United States · 1987

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3Cited by105 opinions

  1. Michael Cantrell v. City of MurphyCourt of Appeals for the Fifth Circuit · 2012
  2. Vernon Linicomn v. City of DallasCourt of Appeals for the Fifth Circuit · 2018
  3. Barbara Marks v. Wanda HudsonCourt of Appeals for the Fifth Circuit · 2019
  4. Christina Romero v. Amanda BrownCourt of Appeals for the Fifth Circuit · 2019
  5. Jackson v. Texas Southern UniversityDistrict Court, S.D. Texas · 2014

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