Legal Opinion

White ex rel. Swafford v. Gerbitz

Court of Appeals for the Sixth Circuit

Decided October 20, 1988No. Nos. 87-5263, 87-5387PublishedCited by 21 opinions

1Opinion of the Court

RALPH B. GUY, Jr., Circuit Judge.

Plaintiff filed a 42 U.S.C. § 1983 cause of action along with pendent state claims in federal court against numerous defendants arising out of his arrest and incarceration for 288 days as a “material witness” to a murder. Subsequently, the plaintiff filed a substantially similar claim with the Tennessee Claims Commission. In the federal case, all defendants claimed immunity and filed motions to dismiss which the court treated as motions for summary judgment. The court granted the motions except for those motions involving state defendants who served either as…

2Cases cited8 opinions

  1. Imbler v. PachtmanSupreme Court of the United States · 1976
  2. Edelman v. JordanSupreme Court of the United States · 1974
  3. Quern v. JordanSupreme Court of the United States · 1979
  4. Florida Department of Health & Rehabilitative Services v. Florida Nursing Home Ass'nSupreme Court of the United States · 1981
  5. Mary Kate LEAMAN, Plaintiff-Appellant, v. OHIO DEPARTMENT OF MENTAL RETARDATION & DEVELOPMENT DISABILITIES, Et Al., Defendants-AppelleesCourt of Appeals for the Sixth Circuit · 1987

3 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Al-Kidd v. AshcroftCourt of Appeals for the Ninth Circuit · 2009
  2. Walker v. NorrisCourt of Appeals for the Sixth Circuit · 1990
  3. Walker v. NorrisCourt of Appeals for the Sixth Circuit · 1990
  4. Lisa Price v. Montgomery CountyCourt of Appeals for the Sixth Circuit · 2023
  5. White v. GerbitzCourt of Appeals for the Sixth Circuit · 1988

16 more not listed; retrieve them via the Exa API.

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