Legal Opinion
Eng v. Coughlin
Court of Appeals for the Second Circuit
Decided October 4, 1988No. Nos. 983, 948, Dockets 87-2391, 87-2415PublishedCited by 133 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
On this appeal we direct attention to the role of the qualified immunity and Eleventh Amendment defenses as they relate to an interlocutory appeal brought by state prison officials from a denial of their motion for summary judgment. Neither of these defenses were addressed by the district court. Of course, the essence of such defenses is a claimed right not to have to stand trial. When raised, therefore, they must promptly be considered by a trial court, and an order denying a summary judgment motion sought on the basis of either defense is subject to immediate…
2Cases cited29 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Anderson v. CreightonSupreme Court of the United States · 1987
- Kentucky v. GrahamSupreme Court of the United States · 1985
- Wolff v. McDonnellSupreme Court of the United States · 1974
24 more not listed; retrieve them via the Exa API.
3Cited by133 opinions
- Cine SK8, Inc. v. Town of HenriettaCourt of Appeals for the Second Circuit · 2007
- Otis Tate v. Frank W. Wood, Warden, and the Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 1992
- Kenneth McClure Young, II v. Warren Kann and Jane DoeCourt of Appeals for the Third Circuit · 1991
- Michael Krause v. R.O. Bennett, Jr.Court of Appeals for the Second Circuit · 1989
- Jackson v. Onondaga CountyDistrict Court, N.D. New York · 2008
128 more not listed; retrieve them via the Exa API.