From Casetext: Smarter Legal Research

Breen v. Texas

United States Court of Appeals, Fifth Circuit
Jul 26, 2007
494 F.3d 516 (5th Cir. 2007)
Download
PDF
Check
Treatment

Summary

granting rehearing sua sponte and issuing a subsequent opinion omitting discussion of state created danger theory

Summary of this case from Saenz v. City
See 5 Summaries

Opinion

Nos. 04-40712, 04-40713, 04-40714, 04-40715, 04-40780 and 04-40812.

July 26, 2007.

Steven K. DeWolf (argued), Staci C. Pirnar, Haakon Thomas Donnelly, Bellinger, McManemin, DeWolf, Dallas, TX, for Sean Breen, Christopher Breen, John E. Breen and Marian K. Breen.

James C. Todd, Asst. Atty. Gen., General Litigation Div., Bill L. Davis, Ranee Lamar Craft, Ryan D. Clinton, Austin, TX, for Texas AM University, M. Malon Southerland, Russell Thompson, Ray Bowen, William Kibler, John J. Koldus, III, M.T. Hopgood, Jr., Donald Johnson, Zack Coapland, Kevin Jackson, James R. Reynolds, Robert Harry Stiteler, Jr. and Michael David Krenz.

R. Ted Cruz (argued), Austin, TX, for M. Malon Southerland, Russell Thompson, Ray Bowen, William Kibler, John J. Koldus, III, M.T. Hopgood, Jr., Donald Johnson, Zack Coapland, Kevin Jackson, James R. Reynolds, Robert Harry Stiteler, Jr. and Michael David Krenz.

George E. Hyde, Denton, Navarro, Rocha Bernal, San Antonio, TX, for Texas Ass'n of Counties, Amicus Curiae.

Darrell L. Keith, Fort Worth, TX, Jeffrey H. Kobs (argued), Kobs Haney, Fort Worth, TX, for Jacquelynn Kay Self, Kathy McClain Escamilla, Phillip McClain, Andrea Heard, Leslie G. Heard, Matthew Lynn Robbins and Dominic Braus.

Eugene Borchardt, McGartland Borchardt, Fort Worth, TX, for Gregory Anthony Powell and Beverly Jill Powell.

Nancy Braus, Hallettsville, TX, pro se.

Appeals from the United States District Court for the Southern District of Texas; Samuel B. Kent, Judge.

Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.

PER CURIAM:

A majority of the panel having voted sua sponte to grant rehearing, in part, the opinion of the court in disposing of this appeal is as follows:

Section III. A, including its subsections 1 through 3, of the panel opinion, found at 485 F.3d 325, 332-38 (5th Cir. 2007), along with footnote 14, is hereby withdrawn and deleted from the opinion. Other than these withdrawals and deletions, the original panel opinion is reinstated.

DENNIS, Circuit Judge, concurs in the result for the reasons assigned by him in the original panel opinion.

Summaries of

Breen v. Texas

United States Court of Appeals, Fifth Circuit
Jul 26, 2007
494 F.3d 516 (5th Cir. 2007)

granting rehearing sua sponte and issuing a subsequent opinion omitting discussion of state created danger theory

Summary of this case from Saenz v. City

granting rehearing sua sponte and issuing a subsequent opinion omitting discussion of state-created danger theory

Summary of this case from Fuentes v. Gomez

withdrawing opinion in part for rehearing, where withdrawn portion held that Fifth Circuit recognized the state-created danger theory

Summary of this case from Lozano v. Baylor Univ.

withdrawing qualified immunity section, which discussed the state-created danger theory

Summary of this case from Lozano v. Baylor Univ.

In Breen v. Texas A&M Univ., 494 F.3d 516, 518 (5th Cir.2007) (mem. op.), the court withdrew part of an opinion recognizing the state-created danger exception.

Summary of this case from Doe v. Dall. Indep. Sch. Dist.
Case details for

Breen v. Texas

Case Details

Full title:Sean BREEN, as Administrator of the Estate of Christopher Breen…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jul 26, 2007

Citations

494 F.3d 516 (5th Cir. 2007)

Citing Cases

Lozano v. Baylor Univ.

Although some circuits have adopted the state-created danger rule, the Fifth Circuit has not yet determined…

Saenz v. City

On two occasions this court explicitly adopted the state created danger theory but was ultimately reversed.…

14 Citing Cases