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· 11/26/2008

Estate of Bennett v. Wainwright

Citations

  • 548 F.3d 155
  • 2008 U.S. App. LEXIS 24217
  • 2008 WL 5005534

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • affirming summary judgment on § 1983 conspiracy claim where a reasonable jury could not have inferred a conspiracy to inflict harm on plaintiff
  • affirming grant of summary judgment on Equal Protection claim when plaintiff’s pleadings did not compare treatment of plaintiff to treatment of any person similarly situated
  • upholding as reasonable a warrantless entry into a home to take “protective custody” of a mentally ill person who had stopped taking his prescribed medication and had verbally threatened his mother
  • even though “conspiracy is a matter of inference, summary judgment may still be appropriate on a conspiracy claim where the nonmoving party rests merely on conclusory allegations”
  • “[A] reasonable officer under the circumstances could have reasonably believed . . . that entering the house without first obtaining a warrant or express consent was necessary to prevent injury to Bennett himself, and to the family members present inside.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lynch, Cudahy, Torruella

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.