Wagenfeald, et al. v. Gusman, et al., No. 11-30081 (5th Cir. 2012)
Annotate this CasePlaintiffs filed this action against several defendants, under 42 U.S.C. 1983 for violations of their Fourth, Sixth, and Eighth Amendment rights that arose out of their incarceration in New Orleans at and around the time that Hurricane Katrina struck the city. The court concluded that there was no doubt that plaintiffs suffered terribly while held in custody after Hurricane Katrina struck New Orleans. However, the court held that Defendant Gusman's failure to release plaintiffs fell within the emergency exception to the rule that a probable cause determination must be made within 48 hours, and Defendant Hunter's failure to allow plaintiffs to use cell phones was not objectively unreasonable in light of any clearly established law. Therefore, the court reversed and vacated the judgment of the district court and remanded with instructions to enter judgment in favor of Defendants Gusman and Hunter on all claims asserted by plaintiffs.
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