Legal Opinion
Willie J. Street v. Terry Parham, Ken Snider, and Mike Hill, Sheriff of Sedgwick County, Kansas
Court of Appeals for the Tenth Circuit
Decided March 25, 1991No. 89-3190PublishedCited by 51 opinions
1Opinion of the Court
McKAY, Circuit Judge.
The issue in this excessive force case is whether the district court erred in allowing the jury to consider the defendants’ qualified immunity defense even after the jury had found that the force used against the plaintiff by one of the defendants was unreasonable. Because the initial instruction given the jury allowed it to consider whether the force used was reasonably necessary under the circumstances, we hold that it was error for the jury to be further instructed regarding a qualified immunity defense after it found that the force used was in fact unreasonable.
The…
2Cases cited12 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Graham v. ConnorSupreme Court of the United States · 1989
- Anderson v. CreightonSupreme Court of the United States · 1987
- Malley v. BriggsSupreme Court of the United States · 1986
- Willie Dixon, Hyon Dixon v. Deputy Sheriff Donald Richer, Deputy Sheriff David YarbroughCourt of Appeals for the Tenth Circuit · 1991
7 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- James Snyder, Plaintiff-Appellee-Cross-Appellant v. Sidney Trepagnier, City of New Orleans, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1998
- Hopkins v. AndayaCourt of Appeals for the Ninth Circuit · 1992
- Lucy Quezada, as Personal Representative of the Estate of Berlinda Griego, Deceased v. The County of Bernalillo Patrick Sauser Alvin J. CampbellCourt of Appeals for the Tenth Circuit · 1991
- Renay Hunter v. The District of ColumbiaCourt of Appeals for the D.C. Circuit · 1991
- Paul H. Frazell v. E.K. FlaniganCourt of Appeals for the Seventh Circuit · 1996
46 more not listed; retrieve them via the Exa API.