Fifth Circuit· 6/30/1998

Petta v. Rivera

Citations

143 F.3d 895
1998 WL 303902

How courts have described this case

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

holding that officer’s shots were “directed not only towards [the children’s mother] but towards the car that [the children], too, occupied”
holding that an officer’s shots were “directed not only towards [the children’s mother] but towards the car that [the children], too, occupied”
recognizing that validity of excessive force claim based on violation of Eighth Amendment “must be judged by reference to the specific standard which governs [Eighth Amendment] right rather than by the more general substantive due process standard”
noting that the fact that the officer’s bullet did not strike the plaintiff prevented the case from being a seizure case analyzed under the Fourth Amendment
explaining that Graham rejected the substantive due process standard “only in cases in which the alleged excessive use of force arguably violated a specific right protected under the Bill of Rights”
requiring that “the Petta children .'.. prove that Rivera’s actions caused them any injury.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Duhé, Dennis, Duval

Read full opinion on CourtListener

Cited by

76 cases in this archive cite this case; the 20 most cited are listed.

Cites

68 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Petta v. Rivera

4 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

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