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SALAS v. CARPENTER

No. 91-1807.

980 F.2d 299 (1992)

Dora SALAS, Individually and as Representative of the Estate of obo Juanita Hermosillo, et al., Plaintiffs-Appellees, v. Don CARPENTER, Individually and in his capacity as Sheriff of Tarrant County, Texas, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 16, 1992.

Attorney(s) appearing for the Case

Van Thompson, Jr., Asst. Dist. Atty., Ft. Worth, Tex., for defendants-appellants.

James Warren Lane, Ft. Worth, Tex., for Salas.

Robert Charles Lyon, Lyon & Lyon, Rowlett, Tex., Burleson, Pate & Gibson, Dallas, Tex., for Patino.

Before HIGGINBOTHAM and DUHÉ, Circuit Judges, and HARMON, District Judge.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this civil rights suit a former sheriff of Tarrant County, Texas appeals denial of dismissal or summary judgment based upon a claim of qualified immunity. Sheriff Don Carpenter commanded police efforts to free a hostage. The effort failed and Juanita Hermosillo, the hostage, was killed by her abductor. A public official enjoys a qualified "immunity from suit," not just immunity from liability, Mitchell v. Forsyth...

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