Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

Schultea v. Wood

United States Court of Appeals for the Fifth Circuit
47 F.3d 1427 (5th Cir. 1995) (en banc)


Joseph M. Schultea (plaintiff), a former police chief, filed suit against the city manager and three city councilmen, including David R. Wood (defendant), alleging that Wood and others were working together to demote Schultea because he was investigating the officials for illegal activity. The evidence suggested that when Schultea began investigating Wood, Wood insisted that Schultea be added to the council agenda for possible sanction, and subsequent to the private council meeting Schultea was demoted. Several requests by Schultea for administrative appeals were denied, and the council issued a memorandum which implied that Schultea was demoted for wrongdoing. Schultea filed suit, alleging that he was deprived of property and liberty interests without due process and that his First Amendment rights were violated. Wood moved to dismiss and brought an interlocutory appeal, challenging the denial of his qualified immunity. The panel remanded to allow Schultea to amend his complaint, holding that despite the United States Supreme Court ruling in Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit, 507 U.S. 163 (1993), the Fifth Circuit’s heightened pleading standard remained intact.

Rule of Law


Holding and Reasoning (Higginbotham, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 409,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial