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544 F.2d 194

Docket No. 76-2644

Ford v. Byrd

Fifth Circuit Court of Appeals

Decided Dec. 16, 1976.

Fifth Circuit Court of Appeals · decided 1976-12-16

2 counsel of record

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Stone v. Powell · Brazzell v. Adams

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1976-12-16

How this case has been cited

Cited by 26 later decisions — most recently June 2004 · most notably Doe v. Taylor Independent School District (1994), Taylor Walker v. G Ledbetter Phd

17 federal appellate · 1 district · 1 state decisions

1201976198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Summary Calendar.*

¶2*195Robert Charles Ford, pro se.

¶3John L. Hill, Átty. Gen., Thomas W. Choate, Sp. Asst. Atty. Gen., David M. Kendall Jr., First Asst. Atty., Austin, Tex., for defendants-appellees.

¶4Before AINSWORTH, GODBOLD and RONEY, Circuit Judges.

¶6PER CURIAM:

¶7This is a § 1983 suit by a Texas state prisoner. The District Court dismissed it without prejudice to the filing of a habeas corpus petition.

¶8Insofar as plaintiff seeks relief from confinement he must proceed by habeas corpus. The prosecuting attorney1 and the state trial judge who sentenced plaintiff are immune from § 1983 suits.

¶9Plaintiff questions the validity of the search of his car by two police officers. That issue was decided adversely to plaintiff by the Texas Court of Criminal Appeals. We pretermit whether that holding collaterally estops the plaintiff in the present case.2 The officers who conducted the search are not named as parties. The chief of police is named, but he is vicariously liable for the acts of his subordinates only if he directs, orders, participates in, or approves the acts. There is no claim he did so in this case,

¶10a wron/nm

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