Legal Opinion

Linda Surratt v. Brian McClarin

Court of Appeals for the Fifth Circuit

Decided March 14, 2017No. 16-40486PublishedCited by 27 opinions

1Opinion of the Court

EDITH BROWN CLEMENT, Circuit Judge:

In this qualified immunity case, the question on appeal is whether — in light of clearly established law at the time of the incident — officers acted objectively unreasonably when they applied force to the jaw and throat of a suspect who was believed to be hiding evidence in her mouth. Because we conclude that they did not, we AFFIRM.

I

On August 20, 2013, police officer Tom Caver of the Sherman Police Department effected a traffic stop, pulling over Lesa Ann Surratt (“Surratt”) for signaling one direction but then turning the other. The stop was pretextual.…

2Cases cited9 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Pearson v. CallahanSupreme Court of the United States · 2009
  3. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  4. Mullenix v. LunaSupreme Court of the United States · 2015
  5. White v. PaulySupreme Court of the United States · 2017

4 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Shemwell v. CannonDistrict Court, N.D. Texas · 2019
  2. Arnold v. City of GuntownDistrict Court, N.D. Mississippi · 2025
  3. Arzabala v. WeemsDistrict Court, N.D. Texas · 2024
  4. Biron v. UptonDistrict Court, N.D. Texas · 2019
  5. Brown v. WaybournDistrict Court, N.D. Texas · 2025

22 more not listed; retrieve them via the Exa API.

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