Legal Opinion

Moore v. Morgan

Court of Appeals for the Eleventh Circuit

Decided February 7, 1991No. 89-7444PublishedCited by 34 opinions

1Opinion of the Court

HATCHETT, Circuit Judge:

In this civil rights case against a sheriff and the county commissioners of an Alabama county, we reverse the district court because the magistrate judge improperly injected into the case the defense of qualified immunity.

FACTS AND PROCEDURAL HISTORY

On January 20, 1987, Donald Moore, an Alabama prisoner acting without the assistance of counsel, filed two complaints pursuant to 42 U.S.C. § 1983, in which he named as defendants James C. Morgan, the Sheriff of Chambers County, Alabama, and the “County Commissioners, et al.” In one complaint, he alleged deliberate…

2Cases cited16 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Gomez v. ToledoSupreme Court of the United States · 1980
  4. Owen v. City of IndependenceSupreme Court of the United States · 1980
  5. Brandon v. HoltSupreme Court of the United States · 1985

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3Cited by34 opinions

  1. Bailey v. Board of County Commissioners of Alachua CountyCourt of Appeals for the Eleventh Circuit · 1992
  2. Janet Bogle, Sherri Bowers v. William McClure, Mary Jamerson WardCourt of Appeals for the Eleventh Circuit · 2003
  3. Wilson v. BlankenshipCourt of Appeals for the Eleventh Circuit · 1998
  4. Seminole Tribe of Florida v. FloridaCourt of Appeals for the Eleventh Circuit · 1994
  5. Melba J. Burrell v. The Board of Trustees of Ga. Military College, Jacob L. Goldstein, Etc., and Alva L. Baggarly, Etc., Melba J. Burrell v. The Bd. Of Trustees of Ga. Military College, Alva L. Baggarly, Individually & in His Official Capacity as Chief Exec. Officer of First Fed. Sav. & Loan Assn. Of Milledgeville, the Mayor and Aldermen of the City of Milledgeville and Unknown Co-Conspirators, James E. Baugh, Indiv. & in His Official Capacities as Mayor of the City of Milledgeville, Ga. & Chairman of the Bd. Of Tr. Of Ga. Military College, Jacob L. Goldstein, Indiv. & in His Official Capacities as a Member of the Bd. Of Dir. Of First Fed. Sav. & Loan Assn. Of Milledgeville & as a Member of the Bd. Of Tr. Of Ga. Military College, Melba J. Burrell v. The Board of Trustees of Ga. Military College, James E. Baugh, Chairman of the Board of Trustees of Ga. Military College, Jacob L. Goldstein, as a Member of the Board of Trustees of Ga. Military College, and the Mayor and Aldermen of the City of Milledgeville, Alva L. Baggarly, Etc.Court of Appeals for the First Circuit · 1992

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