Legal Opinion
Charlesworth R. Martin v. Theodore Thomas, Milo K. Shepard, Robert L. Prater and L.L. Clarkson
Court of Appeals for the Fifth Circuit
Decided September 30, 1992No. 90-2666PublishedCited by 55 opinions
1Opinion of the Court
JERRE S. WILLIAMS, Circuit Judge:
Dr. Martin challenged the propriety of his arrest and prosecution by bringing a section 1983 suit for excessive force and arrest without due process. He also brought a pendent state law claim for malicious prosecution. The jury found in favor of Dr. Martin. Appellants Thomas, Shepard, Prater, and Clarkson all appeal the jury finding of malicious prosecution, claiming improper jury instructions, insufficient evidence, lack of jurisdiction, and qualified immunity. Appellants Thomas and Shepard challenge the verdict of excessive force claiming improper jury…
2Cases cited51 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
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Paul v. DavisSupreme Court of the United States · 1976
46 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Moore v. McDonaldCourt of Appeals for the Fifth Circuit · 1994
- Albert Darruthy v. City of MiamiCourt of Appeals for the Eleventh Circuit · 2003
- Shaw v. VillanuevaCourt of Appeals for the Fifth Circuit · 2019
- Modica v. TaylorCourt of Appeals for the Fifth Circuit · 2006
- Revis v. MeldrumCourt of Appeals for the Sixth Circuit · 2007
50 more not listed; retrieve them via the Exa API.