# Margaret S. Rodriguez v. Donald E. Ritchey

> Court of Appeals for the Fifth Circuit · August 3, 1977 · 556 F.2d 1185

URL: https://www.frixlaw.com/law-library/cases/9463890

## Case

- **Full name:** Margaret S. RODRIGUEZ, Plaintiff-Appellant, v. Donald E. RITCHEY Et Al., Defendants-Appellees
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** August 3, 1977
- **Citations:** 556 F.2d 1185; 1977 U.S. App. LEXIS 12175
- **Precedential status:** Published
- **Opinion:** Dissent by Brown
- **Judges:** Brown, Wisdom, Coleman, Goldberg, Ainsworth, Godbold, Morgan, Clark, Roney, Gee, Tjoflat, Hill, Fay
- **Cited by:** 107 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Abrogated on other grounds by Malley v. Briggs, 475 U.S. 335 (1986).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9463890

## How later opinions describe it (automated extraction)

- holding no cause of action stated against officers for arrest without unreasonable force under valid warrant issued pursuant to a properly con stituted grand jury indictment, not reaching immunity question

## Opinion text

BROWN, Chief Judge,
dissenting:
I concur in Judge Goldberg’s dissent, except that in part V, Good Faith Defense I do not embrace the extended factual analysis and the characterizations placed upon some of the supposed responses by the agents, some of which come to the brink of declarations as a matter of law. I predict that this case will come back to us and hence the Trial Court and perhaps another appeal. I wish to leave myself free to determine the issue without the sometime dramatic embellishments.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9463890. Public record. Not legal advice.