# McMillian v. Johnson

> Court of Appeals for the Eleventh Circuit · July 9, 1996 · 88 F.3d 1554

URL: https://www.frixlaw.com/law-library/cases/9415247

## Case

- **Full name:** Walter McMILLIAN, Plaintiff-Appellee, v. W.E. JOHNSON, Tommy Herring, Tom Allen, in Their Individual Capacities, Et Al., Defendants, Thomas Tate, Simon Benson, Larry Ikner, in Their Individual Capacities, Defendants-Appellants, Association of County Commissions of Alabama Liability Self Insurance Fund, Intervenor-Defendant
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** July 9, 1996
- **Citations:** 88 F.3d 1554; 1996 WL 379721
- **Precedential status:** Published
- **Opinion:** Concurring in part by Propst
- **Judges:** Barkett, Cox, Propst
- **Cited by:** 125 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Modified by McMillian v. Johnson, 101 F.3d 1363 (1996).
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9415247

## How later opinions describe it (automated extraction)

- holding that placing an inmate on death row before he was tried violated inmate’s due process rights if done for the purpose of punishment
- affirming trial court denial of summary judgment where genuine issues of fact existed as to reasons officials placed plaintiff on death row, in part, due to issue of whether officers lied concerning their reasons

## Opinion text

PROPST, District Judge,
concurring in part and dissenting in part:
I concur in the court’s opinion, except as to the holding in the last paragraph of section IV.D.2. There, the court holds that the district court erred in assessing the evidence’s materiality from a post-trial perspective rather than from the perspective of a reasonable official in the position of Tate, Ikner, and Benson. I think that the district court implicitly, if not explicitly, considered “whether every reasonable official in the position of Tate, Ikner, and Benson would understand that withholding those particular pieces of evidence would undermine confidence in the outcome of McMillian’s trial.” It is hard to see how a holding that evidence is “clearly exculpatory” could suggest anything else.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9415247. Public record. Not legal advice.