United States Fifth Circuit

In a 42 U.S.C. section 1983 action based on Plaintiff's injuries while being chased by police, the denial of summary judgment for Defendant-Officer is reversed, where Defendant's failure to raise the defense of qualified immunity until his summary judgment motion did not prejudice Plaintiff, and Defendant did not violate clearly established law.

Appellate Information

• Decided 04/28/2009
• Published 04/28/2009

Judges

• EMILIO M. GARZA, Circuit Judge:, Before GARWOOD, GARZA and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Jim D. Waide, III (argued), Waide & Associates, Richard Shane McLaughlin, McLaughlin Law Firm, Tupelo, MS, for Plaintiffs-Appellees., William T. Siler, Jr. (argued), William Brett Harvey, Phelps Dunbar, Jackson, MS, Mark Nolan Halbert, Phelps Dunbar, Tupelo, MS, for Defendant-Appellant.