# Estate of Wilbert Lee Henson v. Wichita Cou

> Court of Appeals for the Fifth Circuit · September 7, 2011 · 440 F. App'x 352

URL: https://www.frixlaw.com/law-library/cases/9484696

## Case

- **Full name:** The ESTATE OF Wilbert Lee HENSON, Deceased; Barbara Kay Henson Reed, Individually and on Behalf of the Estate of Wilbert Lee Henson; Iwiller G. Henson Hendrix; Wilma Lynn Henson; Shelisha Richardson, Plaintiffs-Appellees v. Sheriff Thomas J. CALLAHAN, in His Official and Individual Capacity, Defendant-Appellant
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** September 7, 2011
- **Citations:** 440 F. App'x 352
- **Precedential status:** Unpublished
- **Opinion:** Concurrence by Owen
- **Judges:** Dennis, Owen, Southwick
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9484696

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9484696. Public record. Not legal advice.