Mary Walker v. Institutional Div of TDCJ , 515 F. App'x 334 ( 2013 )


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  •      Case: 11-20628       Document: 00512162562         Page: 1     Date Filed: 03/04/2013
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    March 4, 2013
    No. 11-20628                        Lyle W. Cayce
    Clerk
    MARY WALKER, Individually and as a Personal Representative of the
    Estate of Michael Dewayne Walker; MICHAEL SPENCER, Individually and
    as a Personal Representative of the Estate of Michael Dewayne Walker,
    Plaintiffs–Appellees,
    v.
    MICHAEL UPSHAW, Warden of Ferguson Unit,
    Defendant–Appellant.
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 4:08-CV-530
    Before REAVLEY, PRADO, and OWEN, Circuit Judges.
    PER CURIAM:*
    This case is before the court on interlocutory appeal from the district
    court’s denial of summary judgment based on qualified immunity. The district
    court denied Warden Michael Upshaw’s motion for summary judgment because
    it concluded there were facts to support that Upshaw, through his failure to
    train and supervise his staff, was deliberately indifferent to inmate Michael
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    Case: 11-20628    Document: 00512162562     Page: 2   Date Filed: 03/04/2013
    No. 11-20628
    Dewayne Walker’s right to be free from cruel and unusual punishment. We
    reverse.
    I
    Plaintiffs–Appellees Mary Walker and Michael Spencer (Plaintiffs) filed
    suit under 42 U.S.C. § 1983 individually and as personal representatives of the
    estate of their son, Michael Dewayne Walker (Walker), for Walker’s alleged
    wrongful death while in custody of the Texas Department of Criminal Justice
    (TDCJ). Walker was serving a twenty-year prison sentence after being convicted
    for aggravated sexual assault of a child and was assigned to the TDCJ’s
    Ferguson Unit in Midway, Texas. Walker was placed in a cell with Wilber
    “Peanut” Hamilton (Hamilton). In the early morning hours the following day,
    Walker was pronounced dead after having been stomped and kicked to death by
    Hamilton.
    Plaintiffs sued the TDCJ, supervisory officials, and correctional officers
    alleging that their failure to protect Walker resulted in his wrongful death.
    Initially, Plaintiffs advanced multiple theories of recovery including violations
    of Walker’s rights under the First, Fourth, Eighth, and Fourteenth
    Amendments. After multiple pretrial motions, the only remaining claims are
    against three correctional officers on duty the night Walker died and Appellant
    Michael Upshaw (Upshaw) for their alleged violation of Walker’s Eighth
    Amendment right to be free from cruel and unusual punishment. Upshaw was
    the warden at the Ferguson Unit when Walker was killed. Plaintiffs contend
    that Walker’s death was caused by, among other things, Upshaw’s failure to
    train and supervise the correctional officers and his failure to enforce or adopt
    adequate policies to ensure Walker’s safety.
    Upshaw and other defendants filed a motion for summary judgment based
    on qualified immunity. The district court denied the motion. It held that
    “significant factual issues prevent a determination that the supervisors’ conduct
    2
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    No. 11-20628
    was objectively reasonable in light of clearly established law” and determined
    that Plaintiffs were entitled to more discovery on the issue. The district court
    also held that “because genuine issues of material fact remain concerning the
    deficient policies implemented and enforced at the Ferguson Unit . . . , the
    supervisory officials are not entitled to qualified immunity.”
    Upshaw, along with the other defendants, filed an interlocutory appeal of
    the denial. This court dismissed a portion of Plaintiffs’ complaint against
    several parties and remanded so that Upshaw and two correctional officers who
    were on duty at the time of Walker’s death could “be deposed to determine
    whether they had an actual subjective awareness of the danger to Walker and
    if so, whether they were deliberately indifferent to that danger of which they
    were actually subjectively aware.”
    After Upshaw was deposed, he filed a second motion for summary
    judgment based on qualified immunity. Again, the district court denied his
    motion. The district court held that it was “unclear whether [Upshaw] failed to
    adequately train the prison staff under his supervision” and noted that
    “plaintiffs have offered expert testimony that Upshaw failed to adequately train
    and supervise his staff.” Though claims remain pending against the correctional
    officers, only Upshaw is a party to this appeal.
    II
    “The denial of a motion for summary judgment based on qualified
    immunity is immediately appealable notwithstanding that such denial was
    premised upon the existence of ‘[m]aterial issues of fact.’”1 “We determine
    whether a denial of summary judgment based on qualified immunity is
    1
    Thompson v. Upshur Cnty., 
    245 F.3d 447
    , 455 (5th Cir. 2001) (alteration in original)
    (quoting Behrens v. Pelletier, 
    516 U.S. 299
    , 313 (1996)).
    3
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    immediately appealable by ‘look[ing] at the legal argument advanced.’”2 “Facts
    are material if they might affect the outcome of the lawsuit under the governing
    law.”3 A party “challenges materiality when he contends that taking all the
    plaintiff’s factual allegations as true no violation of a clearly established right
    was shown.”4 “Because this court has jurisdiction only to review the questions
    of law posed by the district court’s denial of summary judgment based on the
    defense of qualified immunity, this court will ignore the disputes of fact, take
    those facts assumed by the district court in a light most favorable to [plaintiffs],
    and determine whether those facts establish an exception to the qualified
    immunity defense.”5
    The district court offered no assumed facts to support its conclusion that
    fact issues remained concerning whether Upshaw failed to train and supervise
    his staff adequately other than stating, “Plaintiffs have offered expert testimony
    that Upshaw failed to adequately train and supervise his staff.” “Standing
    alone, an expert’s opinion is generally not enough to establish deliberate
    indifference.”6 “Ideally, the district court’s order denying summary judgment
    based on qualified immunity explains what facts the plaintiff may be able to
    prove at trial, i.e. what particular facts the court assumed in denying summary
    2
    Estate of Davis ex rel. McCully v. City of N. Richland Hills, 
    406 F.3d 375
    , 379 (5th Cir.
    2005) (alteration in original) (quoting Reyes v. City of Richmond, 
    287 F.3d 346
    , 350 (5th Cir.
    2002)).
    3
    Johnson v. Deep E. Tex. Reg’l Narcotics Trafficking Task Force, 
    379 F.3d 293
    , 301 (5th
    Cir. 2004) (citing Anderson v. Liberty Lobby, Inc., 
    477 U.S. 242
    , 248 (1986)).
    4
    Estate of Davis, 406 F.3d at 379 (quoting Reyes, 287 F.3d at 351) (internal quotation
    marks omitted).
    5
    Southard v. Tex. Bd. of Criminal Justice, 
    114 F.3d 539
    , 552 (5th Cir. 1997) (quoting
    Nerren v. Livingston Police Dep’t, 
    86 F.3d 469
    , 472 (5th Cir. 1996)) (internal quotation marks
    omitted).
    6
    Thompson, 245 F.3d at 459.
    4
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    judgment urged on the basis of qualified immunity.”7 When the district court
    does not do so, we have two choices: “scour the record and determine what facts
    the plaintiff may be able to prove at trial and proceed to resolve the legal issues,
    or remand so that the trial court can clarify the order.”8 We do not believe
    remand is necessary here. Even accepting all of Plaintiffs’ evidence as true and
    considering it as a whole, the facts do not support a finding of Upshaw’s
    deliberate indifference.
    The evidence, taken in the light most favorable to Plaintiffs, reflects
    that Hamilton had a history of violence, attempted to kill another cellmate the
    same way he used his prison-issued boots to kill Walker, and was in
    administrative segregation for over six years. Hamilton’s fear of other inmates
    was documented in his files. Plaintiffs also offered evidence that other inmates
    and prison administrators knew of and reported Hamilton’s history of assaulting
    cellmates. One inmate testified that it would take no more than thirty or forty
    minutes for a fight to break out after Hamilton received a cellmate. After such
    a fight, the prison staff would segregate Hamilton for fifteen days, return him
    to a cell with another cellmate, and the process would repeat again. Conversely,
    these same inmates reported Walker as being “laid back” and “stay[ing] to
    himself.” Evidence further suggests that Walker would have been classified as
    “vulnerable” under the Safe Prisons Program. Finally, inmates testified that
    there were several empty cells on the 3 Row of B Block, meaning it was
    unnecessary to put Hamilton and Walker in the same cell.
    As for the night of the attack, Plaintiffs offered evidence that Hamilton
    warned the staff that “violence is going to happen” and that Hamilton told
    officers, “If you put him in here, I’m going to kill him.” There is also evidence
    7
    Id. at 456.
    8
    Id. (citing Behrens, 516 U.S. at 842).
    5
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    that Walker was crying for help for at least three hours and that no guards
    checked on him during this time. After the attack, an inmate testified that one
    of Upshaw’s subordinates encouraged inmates to change their reports of the
    incident to state that a guard or rover completed his round every fifteen minutes
    that night to “make it look good for her behalf and her officers.”
    As for prison conditions, the row on which Hamilton and Walker were
    housed had no air conditioning and was farthest from the fans, making it the
    hottest area of the unit in July. Upshaw testified that he was unaware of a
    policy requiring inmates such as Hamilton, who may have been taking
    psychotropic medication, to be housed in areas that would not be as hot as the
    3 Row of B Block. Further, a guard testified that Ferguson was known as a
    “gladiator” prison for being a “rough unit.”
    All parties agree that Upshaw had no actual, subjective knowledge of
    Walker’s situation on the night of his death. In fact, the undisputed evidence
    reveals that Upshaw was at home in bed the night of Walker’s death. With
    respect to policies, Upshaw testified that as senior warden of the Ferguson Unit,
    he was responsible for the “overall operation of the facility, all aspects of it.”
    When asked about the boots Hamilton wore, Upshaw explained that while soft,
    canvas shoes—as opposed to the work boots Hamilton had—are available, they
    are usually only an option for inmates in administrative segregation. Upshaw
    also stated, “I’ve had a lot of inmate assaults where shoes or boots, even tennis
    shoes, were used; but none . . . that resulted in the death of an offender.”
    Plaintiffs submitted an expert report by Charles Montgomery, which
    concluded that Upshaw, as the primary policymaker overseeing the Ferguson
    Unit, “failed to ensure that the necessary steps were taken insofar as the
    supervision, training, and/or discipline of guards” and that “Upshaw’s deposition
    testimony regarding [his handling of threats against cell mates was] utterly
    preposterous.” Plaintiffs rely on this expert report to contend that Upshaw’s
    6
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    policy of handling an inmate’s threat against another inmate was to take
    investigative and corrective measures for a specific threat but not if the threat
    was more general.
    III
    The doctrine of qualified immunity grants “government officials
    performing discretionary functions” a shield from liability for civil damages as
    long “as their conduct does not violate clearly established statutory or
    constitutional rights of which a reasonable person would have known.”9 “The
    first step in the qualified immunity analysis is to determine whether the
    plaintiff has alleged the violation of a clearly established federal constitutional
    . . . right.”10 An official need not demonstrate that he did not violate clearly
    established federal rights; this burden is placed upon the plaintiffs.11 Once the
    plaintiff has discharged that burden, “the Court must then assess whether the
    defendant’s conduct was objectively reasonable in light of clearly established
    law.”12
    It is well established that “prison officials have a duty . . . to
    protect prisoners from violence at the hands of other prisoners.”13 “It is not,
    however, every injury suffered by one prisoner at the hands of another that
    translates into constitutional liability for prison officials responsible for the
    9
    Estate of Davis, 406 F.3d at 380 (quoting Harlow v. Fitzgerald, 
    457 U.S. 800
    , 818
    (1982)) (internal quotation marks omitted).
    10
    Thompson, 245 F.3d at 457 (citing Hare v. City of Corinth, 
    135 F.3d 320
    , 325 (5th
    Cir. 1998)).
    11
    Estate of Davis, 406 F.3d at 380 (citing Pierce v. Smith, 
    117 F.3d 866
    , 871-72 (5th Cir.
    1997)).
    12
    Thompson, 245 F.3d at 457 (citing Hare, 135 F.3d at 326).
    13
    Farmer v. Brennan, 
    511 U.S. 825
    , 832 (1994) (alteration in original) (quoting Cortes-
    Quinones v. Jimenez-Nettleship, 
    842 F.2d 556
    , 558 (1st Cir. 1988)) (internal quotation marks
    omitted).
    7
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    No. 11-20628
    victim’s safety.”14 A prison official violates the Eighth Amendment only when
    the inmate shows that (1) he was incarcerated under conditions the official knew
    posed “a substantial risk of serious harm” and (2) the prison official was
    deliberately indifferent to such risk.15                   An official acts with deliberate
    indifference if he is “aware of an ‘excessive risk to inmate . . . safety’ and
    disregards that risk.”16
    Supervisory officials may not be held liable under § 1983 for the actions
    of their subordinates under any theory of vicarious liability.17 When, as here,
    plaintiffs allege that a supervisory official failed to train or supervise, they must
    prove that (1) the official failed to train or supervise the correctional officers,
    (2) a causal link exists between the failure to train or supervise and the alleged
    violation of the inmate’s rights, and (3) the failure to train or supervise
    amounted to deliberate indifference.18 To hold Upshaw liable on account of
    inadequate policy, Plaintiffs must show “(1) that the policy itself violated federal
    law or authorized or directed the deprivation of federal rights or (2) that the
    policy was adopted or maintained by the municipality’s policymakers with
    deliberate indifference as to its known or obvious consequences.”19
    14
    Id. at 834.
    15
    Id.
    16
    Longoria v. Texas, 
    473 F.3d 586
    , 592 (5th Cir. 2006) (quoting Farmer, 511 U.S. at
    837).
    17
    Thompson, 245 F.3d at 459 (citing Thompkins v. Belt, 
    828 F.2d 298
    , 303 (5th Cir.
    1987)).
    18
    Id. (citing Smith v. Brenoettsy, 
    158 F.3d 908
    , 911-12 (5th Cir. 1998)).
    19
    Johnson v. Deep E. Tex. Reg’l Narcotics Trafficking Task Force, 
    379 F.3d 293
    , 309
    (5th Cir. 2004) (quoting Bd. of Comm’rs of Bryan Cnty. v. Brown, 
    520 U.S. 397
    , 423 (1997))
    (internal quotation marks omitted). Although Johnson speaks to municipal liability, this court
    has noted “the close relationship between the elements of municipal liability and an individual
    supervisor’s liability” and held that “the same standards of fault and causation should govern.”
    Southard v. Tex. Bd. of Criminal Justice, 
    114 F.3d 539
    , 551 (5th Cir. 1997) (quoting Doe v.
    8
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    Whether the evidence sufficiently “demonstrate[s] deliberate indifference
    for supervisory liability is a legal issue that this court may review on
    interlocutory appeal.”20 We review de novo “the scope of clearly established law
    and the objective reasonableness of those acts of the defendant that the district
    court found the plaintiff could prove at trial.”21 In other words, “review of the
    district      court’s   conclusions     concerning      the   legal     consequences—the
    materiality—of the facts” is de novo.22
    IV
    The parties agree that Upshaw had no actual knowledge of Hamilton’s
    prior attack of an inmate with his boots in a different unit years prior to
    Walker’s death and that Upshaw was not at the prison the night Walker died.
    Because Upshaw had no actual knowledge of the danger posed to Walker, any
    attempt to hold Upshaw liable for a personal failure to protect Walker would
    fail.23 Instead, plaintiffs claim that Upshaw is liable for his failure to train and
    supervise subordinates and his failure to implement adequate policies.
    A
    “[D]eliberate indifference is a stringent standard of fault, requiring proof
    that a municipal actor disregarded a known or obvious consequence of his
    Taylor Indep. Sch. Dist., 
    15 F.3d 443
    , 453 (5th Cir. 1994) (en banc)) (internal quotation marks
    omitted); see also Roberts v. City of Shreveport, 
    397 F.3d 287
    , 293 (5th Cir. 2005) (“The
    standard applicable to failure to train allegations against supervisors is based on that for
    municipal liability.”).
    20
    Estate of Davis ex rel. McCully v. City of N. Richland Hills, 
    406 F.3d 375
    , 379 (5th
    Cir. 2005) (citing Gros v. City of Grand Prairie, 
    209 F.3d 431
    , 436 (5th Cir. 2000)).
    21
    Thompson, 245 F.3d at 456 (citing Johnson v. Jones, 
    515 U.S. 304
    , 312 (1995)).
    22
    Estate of Davis, 406 F.3d at 379-80 (citing Kinney v. Weaver, 
    367 F.3d 337
    , 348 (5th
    Cir. 2004) (en banc)) (internal quotation marks omitted).
    23
    See Farmer v. Brennan, 
    511 U.S. 825
    , 834, 837 (1994).
    9
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    action.”24 “Actions and decisions by officials that are merely inept, erroneous,
    ineffective, or negligent do not amount to deliberate indifference and do not
    divest officials of qualified immunity.”25 “Proof of more than a single instance of
    the lack of training or supervision causing a violation of constitutional rights is
    normally required before such lack of training or supervision constitutes
    deliberate indifference.”26 “The plaintiff must generally demonstrate at least a
    pattern of similar violations . . . [and] the inadequacy of training must be
    obvious and obviously likely to result in a constitutional violation.”27
    “[C]ulpability for a deprivation of rights is at its most tenuous where a
    claim turns on a failure to train.”28 “[A] showing of deliberate indifference
    requires that the Plaintiffs ‘show that the failure to train reflects a deliberate or
    conscious choice to endanger constitutional rights.’”29 It is well accepted that a
    “pattern of similar constitutional violations by untrained employees is ‘ordinarily
    necessary’ to demonstrate deliberate indifference for purposes of failure to
    train.”30 “Without notice that a course of training is deficient in a particular
    24
    Estate of Davis, 406 F.3d at 381 (alteration in original) (quoting Bryan Cnty., 520
    U.S. at 410) (internal quotation marks omitted).
    25
    Id. (quoting Alton v. Tex. A&M Univ., 
    168 F.3d 196
    , 201 (5th Cir. 1999)).
    26
    Thompson, 245 F.3d at 459 (citing Snyder v. Trepagnier, 
    142 F.3d 791
    , 798-99 (5th
    Cir. 1998)).
    27
    Id.
    28
    Connick v. Thompson, 
    131 S. Ct. 1350
    , 1359 (2011) (citing Okla. City v. Tuttle, 
    471 U.S. 808
    , 822-23 (1985) (plurality opinion)).
    29
    Estate of Davis ex rel. McCully v. City of N. Richland Hills, 
    406 F.3d 375
    , 383 (5th
    Cir. 2005) (quoting Snyder, 142 F.3d at 799).
    30
    Connick, 131 S. Ct. at 1360 (quoting Bd. of Cnty. Comm’rs of Bryan Cnty. v. Brown,
    
    520 U.S. 397
    , 409 (1997)).
    10
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    respect, decisionmakers can hardly be said to have deliberately chosen a training
    program that will cause violations of constitutional rights.”31
    Although supervisor liability stems from a supervisor’s deliberate
    indifference to the violations his training causes,32 Plaintiffs do not seem to base
    their claim against Upshaw on the actions or inactions of Upshaw’s employees
    due to his training. Plaintiffs make no attempt to show a pattern of Upshaw’s
    employees failing to protect inmates. In fact, they acknowledge that “normally,
    the rover on night patrol would come by every 15 to 20 minutes.” This suggests
    that Upshaw’s training was usually effective but that his subordinates’ failure
    to make timely rounds the night Walker died played a significant role in
    Walker’s death. Plaintiffs instead focus on Hamilton’s violence and the fact that
    Upshaw, through his training and supervision of his employees, failed to prevent
    it. However, “mere proof that the injury could have been prevented if the officer
    had received better or additional training cannot, without more, support
    liability.”33
    The Supreme Court has acknowledged that “in a narrow range of
    circumstances, a pattern of similar violations might not be necessary to show
    deliberate indifference.”34        In so acknowledging, the Court discussed the
    hypothetical posed in City of Canton v. Harris35 in which a city would arm its
    police force with firearms and employ the officers to capture fleeing felons
    without training the officers “in the constitutional limitation on the use of deadly
    31
    Id.
    32
    See Thompson, 245 F.3d at 459.
    33
    Roberts v. City of Shreveport, 
    397 F.3d 287
    , 293 (5th Cir. 2005) (citing Snyder, 142
    F.3d at 798).
    34
    Connick v. Thompson, 
    131 S. Ct. 1350
    , 1361 (2011) (quoting Bryan Cnty., 520 U.S.
    at 409) (internal quotation marks omitted).
    35
    
    489 U.S. 378
     (1989).
    11
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    No. 11-20628
    force.”36 In such an instance, “[g]iven the known frequency with which police
    attempt to arrest fleeing felons and the predictability that an officer lacking
    specific tools to handle that situation will violate citizens’ rights, . . . the
    unconstitutional consequences of failing to train could be so patently obvious
    that a city could be liable under § 1983 without proof of a pre-existing pattern
    of violations.”37
    However, the Court stressed that the possibility of “single-incident
    liability” based on a failure to train is “rare,”38 and this circuit has similarly
    “stressed that a single incident is usually insufficient to demonstrate deliberate
    indifference.”39 Plaintiffs’ claims fall far short of the hypothetical offered in
    Canton in which the officers were offered no training in a highly dangerous
    situation. The evidence does not meet the requirements for single-incident
    liability.
    B
    Similarly, demonstrating that a policy reflects deliberate indifference
    “generally requires that a plaintiff demonstrate at least a pattern of similar
    violations.”40 Plaintiffs do not identify policies that Upshaw created or failed to
    enforce. Instead, they rely on Upshaw’s statement that he oversaw the Ferguson
    Unit to assert that Upshaw was deliberately indifferent in failing to enforce or
    create an adequate policy that would have prevented Hamilton from having
    36
    Connick, 131 S. Ct. at 1361 (citing Canton, 489 U.S. at 390 n.10).
    37
    Id. (quoting Bryan Cnty., 520 U.S. at 409) (internal quotation marks omitted).
    38
    Id. at 1361.
    39
    Estate of Davis ex rel. McCully v. City of N. Richland Hills, 
    406 F.3d 375
    , 383 (5th
    Cir. 2005).
    40
    Johnson v. Deep E. Tex. Reg’l Narcotics Trafficking Task Force, 
    379 F.3d 293
    , 309
    (5th Cir. 2004) (quoting Burge v. St. Tammany Parish, 
    336 F.3d 363
    , 370 (5th Cir. 2003))
    (internal quotation marks omitted).
    12
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    work boots, a cellmate, and being in a hot, uncomfortable cell that would
    promote violence given his mental history.
    Upshaw admitted to knowing that inmates have used their shoes to hurt
    other inmates, but he had no actual knowledge of Hamilton’s prior
    transgressions. This, however, focuses on actions of inmates and fails to identify
    any prior constitutional violations resulting from Upshaw’s policies. Again, this
    falls short of the standard required to show that Upshaw maintained a policy
    with deliberate indifference to its known or obvious consequences.41
    *        *         *
    For the foregoing reasons, we REVERSE the district court’s judgment and
    RENDER judgment in favor of Upshaw.
    41
    See id. at 310.
    13
    

Document Info

Docket Number: 11-20628

Citation Numbers: 515 F. App'x 334

Judges: Owen, Per Curiam, Prado, Reavley

Filed Date: 3/4/2013

Precedential Status: Non-Precedential

Modified Date: 8/6/2023

Authorities (27)

Guillermina Cortes-Quinones v. Charles Jimenez-Nettleship, ... , 842 F.2d 556 ( 1988 )

Longoria v. State of Texas , 473 F.3d 586 ( 2006 )

Gros v. City of Grand Prairie , 209 F.3d 431 ( 2000 )

Reyes v. City of Richmond TX , 287 F.3d 346 ( 2002 )

Johnson v. Deep East Texas Regional Narcotics Trafficking ... , 379 F.3d 293 ( 2004 )

Patrick Neal Nerren v. Livingston Police Department Billy ... , 86 F.3d 469 ( 1996 )

Pierce v. Smith , 117 F.3d 866 ( 1997 )

Travis Alton, Travis Alton v. Texas A&m University, Thomas ... , 168 F.3d 196 ( 1999 )

Roberts v. City of Shreveport , 397 F.3d 287 ( 2005 )

Eric Smith v. Steve Brenoettsy, Lieutenant, John P. Whitley,... , 158 F.3d 908 ( 1998 )

richard-hare-natural-father-and-next-friend-of-haley-hare-a-minor-richard , 135 F.3d 320 ( 1998 )

gerald-burge-plaintiff-appellee-cross-appellant-v-st-tammany-parish , 336 F.3d 363 ( 2003 )

betty-thompson-donald-thompson-v-upshur-county-tx-rd-cross , 245 F.3d 447 ( 2001 )

74-fair-emplpraccas-bna-163-71-empl-prac-dec-p-44805-sherry , 114 F.3d 539 ( 1997 )

Jane Doe v. Taylor Independent School District, Mike ... , 15 F.3d 443 ( 1994 )

Kinney v. Weaver , 367 F.3d 337 ( 2004 )

Estate of Davis Ex Rel. McCully v. City of North Richland ... , 406 F.3d 375 ( 2005 )

James Snyder, Plaintiff-Appellee-Cross-Appellant v. Sidney ... , 142 F.3d 791 ( 1998 )

George Thompkins, Cross-Appellee v. Bill Belt, Sheriff, ... , 828 F.2d 298 ( 1987 )

City of Canton v. Harris , 109 S. Ct. 1197 ( 1989 )

View All Authorities »