Legal Opinion
Joseph H. Levenstein v. Bernard Salafsky, Patricia A. Gill, and David C. Broski, in Their Individual Capacities
Court of Appeals for the Seventh Circuit
Decided December 16, 1998No. 97-1902PublishedCited by 269 opinions
1Opinion of the Court
DIANE P. WOOD, Circuit Judge.
Although it is often possible to resolve a public official’s claim of qualified immunity as a matter of law, by taking the facts in the light most favorable to the party opposing that claim, in a small number of cases the existence of disputed facts requires further proceedings in the district court. Confronted with such a case, a district judge naturally denies the official’s motion to dismiss, or motion for summary judgment, based upon qualified immunity. That action sets up an odd problem for appellate review: if a district court denies qualified immunity…
2Cases cited30 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Anderson v. CreightonSupreme Court of the United States · 1987
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
25 more not listed; retrieve them via the Exa API.
3Cited by269 opinions
- Equal Employment Opportunity Commission v. Concentra Health Services, Inc.Court of Appeals for the Seventh Circuit · 2007
- 188 LLC v. Trinity Industries, IncorporatedCourt of Appeals for the Seventh Circuit · 2002
- Charles M. McDonald v. Village of Winnetka, Ronald Colpaert, Scott Smith and Mitchell S. KushnerCourt of Appeals for the Seventh Circuit · 2004
- J. Robert Tierney v. Chet W. Vahle and Debbie OlsonCourt of Appeals for the Seventh Circuit · 2002
- Glen Delaney v. George Detella, Glenn Malone, Christopher Hughes, Eugene McAdory Clarence Wright, Donald Burns, and David WalkerCourt of Appeals for the Seventh Circuit · 2001
264 more not listed; retrieve them via the Exa API.