Legal Opinion · Dissent

James E. White v. Leon Taylor, Etc., Clell Harrell

Court of Appeals for the Fifth Circuit

Decided April 29, 1992No. 90-7100Published

1DissentPolitz, Chief Judge

I would not reject the jury’s verdict. Taylor’s training was Chief Harrell’s responsibility. It is undisputed that the plaintiff White was not properly processed and was jailed overnight at the instruction of Chief Harrell. He was released when a qualified officer came on duty. The Chief’s actions were intentional and illegal under Mississippi law. The jury found against Chief Harrell based on his admission that he was “wrong” in retaining Taylor on the police force because Taylor did not possess the minimum qualifications for a law enforcement officer mandated by Mississippi law.…

2Cases cited5 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Gerstein v. PughSupreme Court of the United States · 1975
  3. County of Riverside v. McLaughlinSupreme Court of the United States · 1991
  4. Gonzalez v. TilmerDistrict Court, N.D. Illinois · 1991
  5. White v. TaylorCourt of Appeals for the Fifth Circuit · 1989

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