Legal Opinion

Petta v. Rivera

Court of Appeals for the Fifth Circuit

Decided June 30, 1998No. 95-40157PublishedCited by 142 opinions

1Opinion of the Court

ON PETITION FOR REHEARING

2Per curiam

IT IS ORDERED that the petition for rehearing is DENIED. The original opinion and dissent2 are vacated and the following are substituted therefor.

Officer Adrian Rivera (“Rivera”) appeals the district court’s denial of his motion for summary judgment based on the defense of qualified immunity. For the reasons that follow, we reverse and render.

FACTUAL BACKGROUND

Because the parties dispute certain facts, we summarize the relevant incidents drawing inferences in the light most favorable to the nonmovants. See Pfannstiel v. City of Marion, 918 F.2d 1178, 1183 (5th…

3Cases cited66 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Graham v. ConnorSupreme Court of the United States · 1989
  4. Scheuer v. RhodesSupreme Court of the United States · 1974
  5. Anderson v. CreightonSupreme Court of the United States · 1987

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4Cited by142 opinions

  1. Gobert v. CaldwellCourt of Appeals for the Fifth Circuit · 2006
  2. Flores v. City of PalaciosCourt of Appeals for the Fifth Circuit · 2004
  3. Priester v. Lowndes CountyCourt of Appeals for the Fifth Circuit · 2004
  4. James F. Robinson v. Solano County Brian Cauwells, Solano County Sheriff's Deputy Officer Gary Faulkner, Solano County Sheriff's Deputy OfficerCourt of Appeals for the Ninth Circuit · 2002
  5. Motley v. ParksCourt of Appeals for the Ninth Circuit · 2005

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