Legal Opinion
Iving Thomas Barbara Thomas v. City of Dallas, Darwin Gaines Aquilla Allen
Court of Appeals for the Fifth Circuit
Decided May 11, 1999No. 97-10858PublishedCited by 14 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
This claim arises from a bureaucratic snafu. The City of Dallas, by a series of mistakes, demolished a small house after erroneously concluding it was a nuisance. This suit by the property owner ensued. We must decide whether the district court erred in refusing to recognize a defense of absolute immunity to a claim for money damages asserted by an official of the responsible city agency and qualified immunity asserted by one of its employees. We conclude that the invoked defenses are available and reverse and remand.
I
In 1993, Iving and Barbara Thomas…
2Cases cited19 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Anderson v. CreightonSupreme Court of the United States · 1987
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Imbler v. PachtmanSupreme Court of the United States · 1976
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Paul Smith and Gloria Smith v. L. Patrick PowerCourt of Appeals for the Seventh Circuit · 2003
- Bryan v. City of Madison MSCourt of Appeals for the Fifth Circuit · 2000
- Turner v. Houma Municipal Fire & Police Civil Service BoardCourt of Appeals for the Fifth Circuit · 2000
- Foust v. McNeillCourt of Appeals for the Fifth Circuit · 2002
- Buckles v. King CountyCourt of Appeals for the Ninth Circuit · 1999
9 more not listed; retrieve them via the Exa API.