Whitley v. Hanna, et al., No. 12-10312 (5th Cir. 2013)Annotate this Case
Plaintiff filed suit under 42 U.S.C. 1983 after the City's police sergeant sexually abused her. Defendants are state officers involved in the investigation and arrest of the sergeant. The court concluded that plaintiff failed to state a claim under either her deliberate indifference or bystander liability theory against defendants. Consequently, there was no constitutional violation for which Defendants Hanna and Bullock would need qualified immunity. Finally, the district court correctly denied plaintiff's motion to amend her complaint where amendment would be futile. Accordingly, the court affirmed the judgment.
The court issued a subsequent related opinion or order on August 28, 2013.