Petta v. Rivera, No. 95-40157 (5th Cir.) (133 F.3d 330) (January 16, 1998) (Judge John M. Jr. Duhé)
Loaded on Feb. 1, 1998
published in Punch and Jurists
February 23, 1998
Filed under:
Punch And Jurists,
Immunity - Absolute and Qualified.
Over a strong dissent from Judge Dennis, the Court held that a police officer who knowingly and wantonly fired his .357 magnum at a family van containing two innocent children was entitled to qualified immunity.
The opening words of Judge Dennis’ dissent in this disgraceful civil rights suit for damages ...
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More from this issue:
- U.S. v. Garces, No. 97-3073 (D.C. Cir.) (133 F.3d 70) (January 20, 1998) (Judge Stephen F. Williams)
- U.S. v. Drinkwine, No. 97-1194, No. 711 (2nd Cir.) (133 F.3d 203) (January 8, 1998) (Judge Ellsworth A. Van Graafeiland)
- U.S. v. Gilliard, No. 96-9459 (11th Cir.) (133 F.3d 809) (January 21, 1998) (Judge Susan H. Black)
- U.S. v. Lipman, No. 97-50006 (9th Cir.) (133 F.3d 726) (January 8, 1998) (Judge Harry Pregerson)
- U.S. v. Morken, No. 97-1816MN (8th Cir.) (133 F.3d 628) (January 8, 1998) (Judge George G. Fagg)
- U.S. v. Damm, No. 97-1543 (8th Cir.) (133 F.3d 636) (January 8, 1998) (Judge Roger L. Wollman)
- Zehner v. Trigg, No. 97-1251 (7th Cir.) (133 F.3d 459) (December 31, 1997) (Judge Walter J. Cummings)
- U.S. v. Wilson, No. 96-4498 (4th Cir.) (133 F.3d 251) (December 23, 1997) (Judge Paul V. Niemeyer)
- Westcott v. Crinklaw, No. 96-3700 (8th Cir.) (133 F.3d 658) (January 9, 1998) (Judge John R. Gibson)
- U.S. v. Fiorelli, No. 94-2210 (3rd Cir.) (133 F.3d 218) (January 6, 1998) (Judge Walter K. Stapleton)
- U.S. v. Ramunno, No. 97-2132 (7th Cir.) (133 F.3d 476) (January 7, 1998) (Judge Joel L. Flaum)
- U.S. v. Kaplan, No. 95-4908 (11th Cir.) (133 F.3d 826) (January 22, 1998) (Judge Stanley F. Jr. Birch)
- U.S. v. Smith, No. 96-1245 (10th Cir.) (133 F.3d 737) (December 31, 1997) (Judge Wade Brorby)
- Petta v. Rivera, No. 95-40157 (5th Cir.) (133 F.3d 330) (January 16, 1998) (Judge John M. Jr. Duhé)
- U.S. v. Smith, No. 96-1245 (10th Cir.) (133 F.3d 737) (December 31, 1997) (Judge Wade Brorby)
- Hill v. Butterworth, No. 97-2192 (11th Cir.) (133 F.3d 783) (December 15, 1997) (Judge Joseph Woodrow Hatchett)
- Zehner v. Trigg, No. 97-1251 (7th Cir.) (133 F.3d 459) (December 31, 1997) (Judge Walter J. Cummings)
- U.S. v. Kaplan, No. 95-4908 (11th Cir.) (133 F.3d 826) (January 22, 1998) (Judge Stanley F. Jr. Birch)
- U.S. v. Jarrett, No. 96-2615 (7th Cir.) (133 F.3d 519) (January 8, 1998) (Judge Joel L. Flaum)
- U.S. v. Foster, No. 89-10405 (9th Cir.) (133 F.3d 704) (January 5, 1998) (Judge Alex Kozinski)
- U.S. v. Wolny, No. 96-4169 (10th Cir.) (133 F.3d 758) (January 6, 1998) (Judge Robert H. Henry)
- U.S. v. Wilson, No. 96-4498 (4th Cir.) (133 F.3d 251) (December 23, 1997) (Judge Paul V. Niemeyer)
- Bush v. Pitzer, No. 97-3024 (7th Cir.) (133 F.3d 455) (December 31, 1997) (Judge Frank H. Easterbrook)
- U.S. v. Garrison, No. 95-9361 (11th Cir.) (133 F.3d 831) (January 22, 1998) (Judge Stanley F. Jr. Birch)
- U.S. v. Garrison, No. 95-9361 (11th Cir.) (133 F.3d 831) (January 22, 1998) (Judge Stanley F. Jr. Birch)
- U.S. v. Mata, No. 97-1217, No. 743 (2nd Cir.) (133 F.3d 200) (January 7, 1998) (Per Curiam)
- U.S. v. Smith, No. 96-1245 (10th Cir.) (133 F.3d 737) (December 31, 1997) (Judge Wade Brorby)
- U.S. v. Kennedy, No. 97-3009 (D.C. Cir.) (133 F.3d 53) (January 16, 1998) (Judge Judith W. Rogers)
- U.S. v. Foster, No. 89-10405 (9th Cir.) (133 F.3d 704) (January 5, 1998) (Judge Alex Kozinski)
- Petta v. Rivera, No. 95-40157 (5th Cir.) (133 F.3d 330) (January 16, 1998) (Judge John M. Jr. Duhé)
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- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, Jan. 15, 2025. Guard Misconduct, Retaliatory Searches, Qualified Immunity, Discrimination (Transgender), Immunity - Absolute and Qualified.
- Ninth Circuit: No Qualified Immunity for California Jail Nurse Who Cleared Detainee for Release Just Before His Suicide, Nov. 15, 2024. Failure to Treat, Suicides, Immunity - Absolute and Qualified.
- Third Circuit Affirms Qualified Immunity for Pennsylvania Guards Who Pepper-Sprayed Asthmatic Prisoner, Nov. 15, 2024. Guard Misconduct, Medical Experiments/Exploitation, Pepper Spray/Tear Gas, Qualified Immunity, Guards/Staff, Immunity - Absolute and Qualified.
- Eighth Circuit Upholds Denial of Qualified Immunity to Minnesota Guard Accused of Assaulting Restrained and Compliant Prisoner, Nov. 15, 2024. Guard Brutality/Beatings, Restraints, Qualified Immunity, Immunity - Absolute and Qualified.
- Iowa Qualified Immunity Law Lets County Off the Hook for Guard’s Sex Abuse of Jail Detainee, Oct. 15, 2024. Staff-Prisoner Assault, Qualified Immunity, Immunity - Absolute and Qualified.
- Eleventh Circuit Denies Qualified Immunity to Georgia Jailers Who Housed White Detainee With Black Cellmate Held for Racially Motivated Attack, Aug. 15, 2024. Racial/Ethnic Bias/Profiling, Immunity - Absolute and Qualified.
- The Catch-22 of Qualified Immunity, Aug. 15, 2024. Police Misconduct, Qualified Immunity, Immunity - Absolute and Qualified.
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- Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim, May 1, 2024. Staff-Prisoner Assault, Discovery, Qualified Immunity, Supervisory Liability, Immunity - Absolute and Qualified.
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024. Guard Misconduct, Failure to Treat, Jail Specific, Qualified Immunity, Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Deliberate Indifference.