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18 Texas opinions name it 3 courts 1913–2022 5 in the last five years
The cases below were cited by Texas 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 |
|---|---|---|
Texas West Oaks Hospital, LP v. Williamsgreen2 sentences2021Oaks 17 Hosp., 371 S.W.3d at 180 (holding that physical restraint of a psychiatric patient is an integral part of health care). 2021Oaks Hosp., 371 S.W.3d at 180 (holding that physical restraint of a psychiatric patient is an integral part of health care). | 2 | 2 |
Bush v. Straingreen2 sentences2021See Bush v. Strain, 513 F.3d 492 , 500– 01 (5th Cir. 2008) (stating that an excessive-force claim under section 1983 requires proof that the use of force was “excessive to the need” and “objectively unreasonable”); see also Tex. W. 2021See Bush v. Strain, 513 F.3d 492 , 500– 01 (5th Cir. 2008) (stating that an excessive-force claim under section 1983 requires proof that the use of force was “excessive to the need” and “objectively unreasonable”); see also Tex. W. | 2 | 2 |
Marquez v. Albuquerque, City ofgreen2 sentences2011Marquez v. City of Albuquerque , 399 F.3d 1216, 1222 (10th Cir. 2005). 2011Marquez v. City of Albuquerque, 399 F.3d 1216, 1222 (10th Cir.2005). | 2 | 2 |
Graham v. Connorgreen2 sentences2021See Graham v. Connor, 490 U.S. 386, 394 (1989). 1997Graham, 490 U.S. at 386 , 109 S.Ct. at 1871 . | 1 | 2 |
Evans v. Stategreen1 sentence2022See Evans, 876 S.W.2d at 464– 65 (officer’s pulling of defendant’s arm behind his back was not excessive force given 33 obstructing Navarro’s ability to breathe—cannot support a defense of self-defense, given Navarro’s version of events. | 1 | 1 |
Delaney v. University of Houstongreen1 sentence2018Because [plaintiff’s] negligence claim relies on the same conduct as the excessive force allegations it falls outside the TTCA’s ‘limited waiver of sovereign immunity.’”). “[I]ntentional conduct intervening between a negligent act and the result does not always vitiate liability for the negligence.” Delaney v. Univ. of Hous., 835 S.W.2d 56, 60 (Tex. 1992). | 1 | 1 |
Richardson v. McKnightgreen2 sentences2010Section 1983 creates a private right of action for violations of an individual’s federally guaranteed rights by those acting under color of state law. 42 U.S.C.A. § 6 Pechacek states on appeal that, “[a]lthough no mention of the Eighth Amendment or excessive force are made, Hamilton’s petition may be liberally construed to include an excessive force claim brought under 42 U.S.C. § 1983 .” 13 1983 (2003); Richardson v. McKnight, 521 U.S. 399, 403 , 117 S. Ct. 2100, 2103 (1997). 2010Section 1983 creates a private right of action for violations of an individual’s federally guaranteed rights by those acting under color of state law. 42 U.S.C.A. § 6 Pechacek states on appeal that, “[a]lthough no mention of the Eighth Amendment or excessive force are made, Hamilton’s petition may be liberally construed to include an excessive force claim brought under 42 U.S.C. § 1983 .” 13 1983 (2003); Richardson v. McKnight, 521 U.S. 399, 403 , 117 S. Ct. 2100, 2103 (1997). | 1 | 1 |
cluster 10961green1 sentence2010See Ikerd, 101 F.3d at 433-34 . | 1 | 1 |
Sharon Temkin Bruce M. Temkin v. Frederick County Commissioners Glen Marion Selby, Jr.green2 sentences1994As such, we hold that a non-seizure Fourteenth Amendment substantive due process claim of excessive force survives Graham . "); Temkin v. Frederick County Comm'rs, 945 F.2d 716, 718 (4th Cir.1991) (proceeding through a substantive due process analysis on an excessive force claim without even mentioning Graham ), cert. denied, ___ U.S. ___, 112 S.Ct. 1172 , 117 L.Ed.2d 417 (1992); Frye v. Town of Akron, 759 F.Supp. 1320, 1323-24 (N.D.Ind.1991) ("After carefully reading Graham , this court concludes that defendants have read [ Graham ] too broadly. 1994As such, we hold that a non-seizure Fourteenth Amendment substantive due process claim of excessive force survives Graham.”); Temkin v. Frederick County Comm'rs, 945 F.2d 716, 718 (4th Cir.1991) (proceeding through a substantive due process analysis on an excessive force claim without even mentioning Graham), cert. denied, - U.S. -, 112 S.Ct. 1172 , 117 L.Ed.2d 417 (1992); Frye v. Town of Akron, 759 F.Supp. 1320, 1323-24 (N.D.Ind.1991) ("After carefully reading Graham , this court concludes that defendants have read [Graham ] too broadly. | 1 | 1 |
Frye v. Town of Akrongreen2 sentences1994As such, we hold that a non-seizure Fourteenth Amendment substantive due process claim of excessive force survives Graham . "); Temkin v. Frederick County Comm'rs, 945 F.2d 716, 718 (4th Cir.1991) (proceeding through a substantive due process analysis on an excessive force claim without even mentioning Graham ), cert. denied, ___ U.S. ___, 112 S.Ct. 1172 , 117 L.Ed.2d 417 (1992); Frye v. Town of Akron, 759 F.Supp. 1320, 1323-24 (N.D.Ind.1991) ("After carefully reading Graham , this court concludes that defendants have read [ Graham ] too broadly. 1994As such, we hold that a non-seizure Fourteenth Amendment substantive due process claim of excessive force survives Graham.”); Temkin v. Frederick County Comm'rs, 945 F.2d 716, 718 (4th Cir.1991) (proceeding through a substantive due process analysis on an excessive force claim without even mentioning Graham), cert. denied, - U.S. -, 112 S.Ct. 1172 , 117 L.Ed.2d 417 (1992); Frye v. Town of Akron, 759 F.Supp. 1320, 1323-24 (N.D.Ind.1991) ("After carefully reading Graham , this court concludes that defendants have read [Graham ] too broadly. | 1 | 1 |
Castro v. Stategreen1 sentence1913See Castro v. State, 66 Texas Crim. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hudson v. McMillian
green
2 sentences2011Id. at 1177–78. 2011Id. at 1177–78. | 4 | 2002–2011 |
Scott v. Harris
green
1 sentence2022Cf. Scott v. Harris, 550 U.S. 372 , 378–81 (2007) (holding that video evidence can conclusively establish that an officer is entitled to qualified immunity from an excessive force claim). 5 DPS’s primary argument on appeal is that appellees failed to allege a valid waiver under the TTCA. | 1 | 2022–2022 |
Brown v. Lippard
green
1 sentence2015Id. at 387 . | 1 | 2015–2015 |
cluster 6944
green
1 sentence1997Shepherd argues that Marjorie’s claim fails to satisfy the second element of the excessive force test because her injury did not result “directly and only from” the officer’s use of force and cites, among other cases, Wells v. Bonner, 45 F.3d 90 (5th Cir.1995). | 1 | 1997–1997 |
Hale v. Carlson
green
2 sentences1994As such, we hold that a non-seizure Fourteenth Amendment substantive due process claim of excessive force survives Graham . "); Temkin v. Frederick County Comm'rs, 945 F.2d 716, 718 (4th Cir.1991) (proceeding through a substantive due process analysis on an excessive force claim without even mentioning Graham ), cert. denied, ___ U.S. ___, 112 S.Ct. 1172 , 117 L.Ed.2d 417 (1992); Frye v. Town of Akron, 759 F.Supp. 1320, 1323-24 (N.D.Ind.1991) ("After carefully reading Graham , this court concludes that defendants have read [ Graham ] too broadly. 1994As such, we hold that a non-seizure Fourteenth Amendment substantive due process claim of excessive force survives Graham.”); Temkin v. Frederick County Comm'rs, 945 F.2d 716, 718 (4th Cir.1991) (proceeding through a substantive due process analysis on an excessive force claim without even mentioning Graham), cert. denied, - U.S. -, 112 S.Ct. 1172 , 117 L.Ed.2d 417 (1992); Frye v. Town of Akron, 759 F.Supp. 1320, 1323-24 (N.D.Ind.1991) ("After carefully reading Graham , this court concludes that defendants have read [Graham ] too broadly. | 1 | 1994–1994 |
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.