Legal Opinion

Hathaway v. Bazany

Court of Appeals for the Fifth Circuit

Decided November 1, 2007No. 06-50602PublishedCited by 373 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

This appeal raises questions of excessive force under the Fourth Amendment involving the shooting death of a teenage driver by a policeman who was struck by the car as it sped away after a traffic stop. Harry and Erica Hathaway, parents of the teenager, appeal the summary judgment granting police officer Steven Bazany qualified immunity. The Hathaways also appeal the district court’s exclusion of expert witness evidence offered in reply to Baza-ny’s summary judgment motion. We hold that the exclusion of evidence was justified and that Bazany, facing a grave…

2Cases cited25 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  4. Graham v. ConnorSupreme Court of the United States · 1989
  5. Paul W. Douglass v. United Services Automobile AssociationCourt of Appeals for the Fifth Circuit · 1996

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3Cited by373 opinions

  1. Cindy Abbott v. Sangamon CountyCourt of Appeals for the Seventh Circuit · 2013
  2. Lytle v. Bexar County, Tex.Court of Appeals for the Fifth Circuit · 2009
  3. Anson McFaul v. Daniel ValenzuelaCourt of Appeals for the Fifth Circuit · 2012
  4. John Brown v. Natl Railroad Passenger Corp.Court of Appeals for the Fifth Circuit · 2013
  5. CQ, Inc. v. TXU Mining Co., L.P.Court of Appeals for the Fifth Circuit · 2009

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