Case Citator › Dwayne Taylor and Charles D. Dixon v. Greg Gregg and City of Lubbock, Texas, Municipality

Dwayne Taylor and Charles D. Dixon v. Greg Gregg and City of Lubbock, Texas, Municipality

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

Overruled in part
Court
Fifth Circuit
Citation
36 F.3d 453
Decided
Confirmed treatments
1
Flagged citations read
35 of 35
Citing cases (total)
35
Treatment dates
2003
Overruled in part
A reviewed court has overruled part of this case’s holding. Taylor v. Gregg was overruled in part when the Fifth Circuit, sitting en banc in Castellano v. Fragozo, rejected using Texas malicious prosecution elements to define a federal Section 1983 claim. Later courts continue to apply Taylor's separate holdings on pretrial diversion and the independent intermediary rule.
More on how this was screened

The confirmed treatment is listed below. All 35 flagged citations have been read.

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.

35 later cases cite Dwayne Taylor and Charles D. Dixon v. Greg Gregg and City of Lubbock, Texas, Municipality; 35 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.

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Treatments

Overruled in part

  • The en banc Fifth Circuit rejected Taylor's reliance on state tort elements to define a federal malicious prosecution claim under Section 1983.

    Castellano v. Fragozo · Fifth Circuit (en banc) · filed

    Hay-ter cites Taylor v. Gregg,42 which relies in turn on Brown v. United States.43 As the Gordy opinion notes, Brown was a Federal Tort Claims Act case, and the FTCA requires the court to look to the law of the place where the alleged tort occurred.44 In none of the opinions that ultimately rely on Brown did we explain why the requirements of the FTCA should dictate the elements of a § 1983 claim.
    Read the full opinion on CourtListener →

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