Legal Opinion · Concurring in part, dissenting in part

Henry Lee Bryan v. Clarence Jones, Sheriff, Henry Wade, District Attorney, Fidelity & Deposit Co.& Lena Giddens

Court of Appeals for the Fifth Circuit

Decided April 30, 1976No. 74--3435Published

1Concurring in part, dissenting in partWisdom, Circuit Judge

I am in substantial agreement with the part of the Court’s opinion that ap*1218plies the Supreme Court’s teachings in Scheuer v. Rhodes and Wood v. Strickland to the issue of a sheriff’s immunity for false imprisonment of a § 1983 plaintiff. The “reasonable good faith” defense was set up in a context of discretionary actions of state officials. Here, the defendant Jones plays a much greater ministerial role. The same defense is available to him, however, because it is basically unfair, as Scheuer pointed out, to subject a state official to liability when that official acts reasonably and in good…

2Cases cited4 opinions

  1. Hanover Fire Insurance Company v. Martha Sides and Russell L. SidesCourt of Appeals for the Fifth Circuit · 1963
  2. Walter H. Campbell and Aetna Casualty & Surety Co., Inc., a Corporation v. John Barnett, D/B/A Ksws-Tv, and Andrews Tower, Inc., a CorporationCourt of Appeals for the Tenth Circuit · 1965
  3. Frank L. Pickering v. Daniel J. Keating Co.Court of Appeals for the Third Circuit · 1972
  4. Wade H. Marlowe, Jr. v. Garden Services, Inc.Court of Appeals for the Fifth Circuit · 1969

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