Legal Opinion

Mays v. Sudderth

Court of Appeals for the Fifth Circuit

Decided October 16, 1996No. 95-10591PublishedCited by 109 opinions

1Opinion of the Court

DENNIS, Circuit Judge:

In this appeal we determine whether a sheriff is absolutely immune from suit and liability for damages in a civil action brought against him pursuant to 42 U.S.C. § 1983 for injuries resulting from the sheriffs attachment of the plaintiff in accordance with a judicial order, facially valid and within the court’s jurisdiction. The district court, in ruling on the defendant sheriffs motion for summary judgment, held, in pertinent part, that the sheriff was only qualifiedly immune from suit and refused to enter a judgment dismissing the plaintiffs § 1983 claims against the…

2Cases cited43 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Mitchell v. ForsythSupreme Court of the United States · 1985
  3. Imbler v. PachtmanSupreme Court of the United States · 1976
  4. Malley v. BriggsSupreme Court of the United States · 1986
  5. Stump v. SparkmanSupreme Court of the United States · 1978

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3Cited by109 opinions

  1. Hart v. O'BrienCourt of Appeals for the Fifth Circuit · 1997
  2. Cady v. MarcellaMassachusetts Appeals Court · 2000
  3. Jesse Engebretson v. Mike MahoneyCourt of Appeals for the Ninth Circuit · 2013
  4. O'Neal v. Mississippi Board of NursingCourt of Appeals for the Fifth Circuit · 1997
  5. Willingham v. City of OrlandoDistrict Court of Appeal of Florida · 2006

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

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