Legal Opinion

Thomas James Hand v. Stuart Gary, Individually and in His Official Capacity as Deputy Sheriff

Court of Appeals for the Fifth Circuit

Decided March 10, 1988No. 86-1875, 87-1062PublishedCited by 162 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

Thomas James Hand brought this action for damages for malicious prosecution pursuant to 42 U.S.C. § 1983. A jury found Defendant, Deputy Sheriff Stuart Gary, liable for intentional violation of the constitutional rights of Plaintiff Hand. We reverse, concluding that there were no facts on the record to support the jury’s conclusion that the actions of defendant were a legal cause of the damage suffered by Plaintiff.

I. Facts

In early 1982, Dick Guest began negotiations with Daniel Atkinson for sale of Guest’s disabled 1978 pickup truck. After two meetings, Guest agreed…

2Cases cited24 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Imbler v. PachtmanSupreme Court of the United States · 1976
  3. Baker v. McCollanSupreme Court of the United States · 1979
  4. Gerstein v. PughSupreme Court of the United States · 1975
  5. Rochin v. CaliforniaSupreme Court of the United States · 1952

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

3Cited by162 opinions

  1. George Jones, Cross-Appellant v. City of Chicago, Cross-AppelleesCourt of Appeals for the Seventh Circuit · 1988
  2. Deville v. MarcantelCourt of Appeals for the Fifth Circuit · 2009
  3. David Evans v. Patrick BakerCourt of Appeals for the Fourth Circuit · 2012
  4. Norman Braley v. City of Pontiac, Stanley Helgemo, Sergeant Arthur Rouse and Roland Garcia, OfficersCourt of Appeals for the Sixth Circuit · 1990
  5. Moore v. HartmanCourt of Appeals for the D.C. Circuit · 2009

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

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