Phillips v. Whittington

3 Citing cases

  1. Martinez v. Bowers

    Civil Action H-23-768 (S.D. Tex. Apr. 19, 2024)   Cited 3 times

    In the context of an excessive force claim, acquiescence may be shown by evidence that the defendant stood by, laughed, and encouraged the use of force. See Phillips v. Whittington, No. 20-30731, 2022 WL 797418, at *9 (5th Cir. Mar. 14, 2022) (per curiam) (citing Hale, 45 F.3d at 919); see also Timpa v. Dillard, 20 F.4th 1020, 1039 (5th Cir. 2021) (reversing a summary judgment in favor of officers on a bystander liability claim when the evidence showed the officers were both aware of the use of excessive force and acquiesced to it by making jesting comments).

  2. Robinson v. Caraway

    2:20-cv-00111-JRG-RSP (E.D. Tex. Jul. 5, 2023)

    Accordingly, Robinson lacks standing to assert a violation. See, e.g., Strickler v. Greene, 527 U.S. 263, 281-82 (1999); United States v. Beasley, 576 F.2d 626, 630 (5th Cir. 1978); Phillips v. Whittington, 2022 WL 797418, at *8 (5th Cir. 2022).

  3. Barrett v. City of Pelahatchie

    Civil Action 3:21-CV-124-HTW-LGI (S.D. Miss. Mar. 17, 2023)

    Under either theory, Plaintiffs must prove that Woods' Fourth Amendment rights were violated in order to overcome Sheriff Bailey's Motion. See Phillips v. Whittington, No. 20-30731, 2022 WL 797418, at *9 (5th Cir. Mar. 15, 2022).