Case Citator › Schultea v. Wood

Schultea v. Wood

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

Declined by some courts
Court
Fifth Circuit
Citation
47 F.3d 1427
Decided
Confirmed treatments
1
Flagged citations read
49 of 49
Citing cases (total)
49
Treatment dates
1995
Declined by some courts
At least one reviewed court has declined to follow this case. No reviewed court has overruled it. One court declined to follow Schultea v. Wood's en banc approach to qualified immunity pleading. All 49 flagged citations have been read.
More on how this was screened

The confirmed treatment by Verney v. Pennsylvania Turnpike Commission is listed below; other courts continued to apply Schultea's rule allowing a detailed reply after a public official raises qualified immunity.

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.

49 later cases cite Schultea v. Wood; 49 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 Schultea v. Wood?

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

Declined to follow

  • The district court chose the Third Circuit's heightened pleading rule over Schultea's en banc Rule 7 reply approach.

    Verney v. Pennsylvania Turnpike Commission · M.D. Pa. · filed

    In its en banc consideration of Schultea, the Fifth Circuit revised its pre-Leatherman heightened pleading standard in actions against individual government officials. ... Although the Fifth Circuit’s approach is attractive, we are constrained to follow Third Circuit precedent.
    Read the full opinion on CourtListener →

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