Henry Lee Bryan v. Clarence Jones, Sheriff, Henry Wade, District Attorney, Fidelity & Deposit Co.& Lena Giddens
Court of Appeals for the Fifth Circuit
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
- Hanover Fire Insurance Company v. Martha Sides and Russell L. SidesCourt of Appeals for the Fifth Circuit · 1963
- 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
- Frank L. Pickering v. Daniel J. Keating Co.Court of Appeals for the Third Circuit · 1972
- Wade H. Marlowe, Jr. v. Garden Services, Inc.Court of Appeals for the Fifth Circuit · 1969