Case Citator › Shipp v. McMahon

Shipp v. McMahon

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Fifth Circuit
Citation
234 F.3d 907
Decided
Confirmed treatments
1
Flagged citations read
34 of 34
Citing cases (total)
34
Treatment dates
2002
Overruled in part
A reviewed court has overruled part of this case’s holding. All 34 flagged citations have been read. Shipp v. McMahon was overruled in part on which courts' decisions can clearly establish a right for qualified immunity.
More on how this was screened

That treatment is listed below. Later courts continue to apply its equal protection analysis.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

34 later cases cite Shipp v. McMahon; 34 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Shipp v. McMahon?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Fifth Circuit overruled Shipp's rule that only its own and Supreme Court decisions can clearly establish a right for qualified immunity; decisions from other circuits must also be considered.

    McClendon v. City of Columbia · Fifth Circuit (en banc) · filed

    Because the Supreme Court’s method of analysis in Wilson is inconsistent with the rule predicated in Shipp, Shipp’s statement that “we are confined to precedent from our circuit or the Supreme Court” in analyzing whether a right is clearly established for the purposes of qualified immunity analysis, see 234 F.3d at 915, is overruled. In light of Wilson, we must consider both this court’s treatment of the state-created danger theory and status of this theory in our sister circuits in assessing whether a reasonable officer would have known at the time of Detective Carney’s actions that his conduct was unlawful.
    Read the full opinion on CourtListener →

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