· 3/27/2006
Rios v. City of Del Rio TX
Citations
- 444 F.3d 417
- 2006 U.S. App. LEXIS 7456
- 2006 WL 759795
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “where two previous holdings or lines of precedent conflict the earlier opinion controls”
- noting that “this court has frequently spoken of the 8 To prevail on a state-created danger claim in the Third Circuit, a plaintiff must prove the following four elements: (1) the harm ultimately caused was foreseeable and fairly direct; (2
- \It is facially evident that this test [for supervisory liability] cannot be met if there is no underlying constitutional violation.\
- “Here there is no allegation of any prior incident in which [a similar violation occurred].”
- \The binding force of earlier opinions extends to alternative holdings but not to obiter dictum .\
- “Absent the existence of a predicate constitutional violation, Strain cannot be held liable either individually or in his official capacity for the acts of his subordinates.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Garwood, Smith, Demoss
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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