Legal Opinion · Concurring in part, dissenting in part
Gayla McKee v. City of Rockwall, Texas
Court of Appeals for the Fifth Circuit
Decided July 19, 1989No. 87-1879Published
1Concurring in part, dissenting in partGoldberg, Circuit Judge
Many police officers appear to treat domestic violence involving female victims less seriously than they treat assault between strangers.1 Such a difference in treatment, if proven in a particular case, denies a woman the equal protection of the laws guaranteed by the Fourteenth Amendment of the Constitution.
This case is before us on summary judgment. The majority holds that McKee, the nonmovant, has offered “no evidence at all” to support her equal protection claim, thus pretermitting a qualified immunity inquiry. See City of Los Angeles v. Heller, 475 U.S. 796, 106 S.Ct. 1571, 1573, 89…
2Cases cited28 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Anderson v. CreightonSupreme Court of the United States · 1987
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