GARRISON

v.

SHAW

Citator

Cited By (25 total)

• Oregon v. Kennedy, 456 U.S. 667 (U.S. 1982)
  …secutor to take the stand to explain his trial strategy and his train of thought prior to making a serious error is of questionable wisdom. See, e. g., Shaw v. Garrison, 328 F. Supp. 390 (ED La. 1971), aff’d, 467 F. 2d 113 (CA5 1972), cert. denied, 409 U. S. 1024. The defendant’s successful argument for a bar to reprosecution in United States v. Kessler, 530 F. 2d 1246, 1253 (CA5 1976), was that “otherwise ‘a prosecutor would have the option of first trying his case with inadmissible, prejudicial, and irrel…
• Nat'l Ass'n FOR THE Advancement OF Colored People (NAACP) v. Hunt, 891 F.2d 1555 (11th Cir. 1990)
  …ight. For this reason, they argue that summary judgment should not have been granted. There is a federal right to be free from malicious prosecutions. Strength, 854 F. 2d at 425 (citing Shaw v. Garrison, 467 F. 2d 113, 120 (5th Cir.), cert. denied, 409 U.S. 1024, 93 S.Ct. 467, 34 L.Ed.2d 317 (1972)). Private parties who corruptly conspire with state officials to maliciously prosecute an individual also act under color of state law and can be sued by that individual under section 1983. Dennis v. Sparks, 44…
• Wilson v. Thompson, 593 F.2d 1375 (5th Cir. 1979)
  …4, 44 L.Ed.2d 15. Our cases as well have recognized that the bad faith exception is not limited to situations where there is a threat of multiple or repeated prosecutions. See, e. g., Shaw v. Garrison, 5 Cir., 1972, 467 F. 2d 113, 122, cert. denied, 409 U.S. 1024, 93 S.Ct. 467, 34 L.Ed.2d 317; Duncan v. Perez, 5 Cir., 1971, 445 F. 2d 557, cert. denied, 404 U.S. 940, 92 S.Ct. 282, 30 L.Ed.2d 254. Cf. Kolski v. Watkins, 5 Cir., 1977, 544 F. 2d 762 (requiring Younger abstention in a single prosecution case, but…

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