Opinion

Estate of Wilbert Lee Henson v. Wichita Cou

  • 440 F. App'x 352
Court
Court of Appeals for the Fifth Circuit
Filed
Sep 7, 2011
Status
Unpublished
Author
Owen
On the bench
Dennis, Owen, Southwick
Cited by
7 cases
Authority
More cited than 25.8%

“The causation prong explicitly requires an underlying constitutional violation before holding a supervisor liable.”

How later courts described this case

  • “The causation prong explicitly requires an underlying constitutional violation before holding a supervisor liable.”

Written by the judges who cited it.

The opinion

OWEN, Circuit Judge,

concurring.

I join Judge Southwick’s holding that Sheriff Thomas Callahan is entitled to qualified immunity. With respect, however, I do not join his opinion. I agree only that because there is no underlying constitutional violation upon which to base supervisory liability, Callahan is entitled to *359 qualified immunity. The balance of Judge Southwick’s opinion is unnecessary, and I would not reach the other issues that he considers. I also note that many of the reasons given by the district court for concluding that Callahan could be held liable under a theory of failing to supervise or train were subsequently rejected by our court in a related appeal. 1

. See Brown v. Callahan, 623 F.3d 249 (5th Cir.2010).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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