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5 Louisiana opinions name it 1 courts 2003–2023 2 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bush v. Straingreen1 sentence2022Heck does not operate as a per se bar on excessive force claims; rather, it involves an “analytical and fact-intensive” analysis as to whether “the factual basis for the conviction is temporally and conceptually distinct from the excessive force claim.” Bush v. Strain, 513 F.3d 492, 498 (5th Cir. 2008). | 1 | 1 |
Keith Hudson v. Yvonne L. Hughes, Attorney City of New Orleans Unidentified Parties District Attorney's Office Susan Richardson Maurice Landrieugreen1 sentence2013See also Hudson v. Hughes, 98 F.3d 868, 873 (5th Cir.1996). | 1 | 1 |
Irene Reese, Etc. v. Steve Andersongreen1 sentence2003Reese v. Anderson, 926 F.2d 494, 500 (5th Cir.1991). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Penn v. St. Tammany Parish Sheriff's Office
green
2 sentences2013We distinguish Penn, 843 So.2d at 1159 , in part, from the facts of this case because in Penn the plaintiff's excessive force claim was independent of his conviction for battery committed upon the police officer. 2009Tammany Parish Sheriffs Office, 02-893 (La.App. 1 Cir. 4/2/03) , 843 So.2d 1157, 1160 . | 2 | 2009–2013 |
Herrera v. First National Insurance Co. of America
green
1 sentence2023App. 1st Cir. 6/ 3/ 16), 194 So. 3d 807, 814 , writ denied, 2016- 1278 ( La. 10/ 28/ 16), 208 So. 3d 885 . | 1 | 2023–2023 |
Spears v. Safeway Insurance Co.
neutral
1 sentence2023App. 1st Cir. 6/ 3/ 16), 194 So. 3d 807, 814 , writ denied, 2016- 1278 ( La. 10/ 28/ 16), 208 So. 3d 885 . | 1 | 2023–2023 |
Gregor v. Argenot Great Cent. Ins. Co.
green
1 sentence2023S. 9: 2798. 1 to an excessive force claim), citing Gregor v. Axgenot Great Central Insurance Company, 2002- 1138 ( La. 5/ 20/ 03), 851 So. 2d 959, 967 ; Herrera v. First National Insurance Company of America, 2015- 1097 ( La. | 1 | 2023–2023 |
Wendt v. Rainey, Judge, United States District Court for the Southern District of Texas
green
1 sentence2013A Louisiana conviction for aggravated bat tery of a police officer is a conviction that prevents a plaintiff from bringing an excessive force claim in connection with the incident, because a finding that the officer used excessive force would necessarily mean that the plaintiff was somehow justified in the battery, which would undermine the conviction See Id. | 1 | 2013–2013 |
Graham v. Connor
green
2 sentences2009However, when the issue is a question of law, the appellate court simply determines whether the trial court’s decision is legally correct or incorrect.” Graham v. Connor, 490 U.S. 386 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989), involved an excessive force claim arising under the Fourth Amendment of the United States Constitution brought under 42 U.S.C. § 1983 . 2009However, when the issue is a question of law, the appellate court simply determines whether the trial court’s decision is legally correct or incorrect.” Graham v. Connor, 490 U.S. 386 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989), involved an excessive force claim arising under the Fourth Amendment of the United States Constitution brought under 42 U.S.C. § 1983 . | 1 | 2009–2009 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.