John English v. Dennis Dyke Terry Pitcher Pamela Withrow and Linda Flanagan
Court of Appeals for the Sixth Circuit
1Opinion of the Court
KENNEDY, Circuit Judge.
Defendants, prison officials at the Michigan Reformatory, appeal the District Court’s order denying their post-answer motion to dismiss or for summary judgment based on qualified immunity. The District Court held that defendants waived their qualified immunity defense by failing to raise it in their pre-answer motion to dismiss or for summary judgment. Defendants argue on appeal that (1) the District Court erred in treating defendants’ post-answer motion for summary judgment as a motion for reconsideration of the court’s ruling on the pre-answer motion, and (2) the…
2Cases cited7 opinions
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Robert E. Kennedy, Jr. Joyce Kennedy v. City of Cleveland, William T. Hanton (85-3819), Frank Wszelaki (85-3827)Court of Appeals for the Sixth Circuit · 1986
- Carl Thomas Rauch, III v. Day and Night Manufacturing CorporationCourt of Appeals for the Sixth Circuit · 1978
- William Dominque v. James A. Telb, Sheriff, Jimmy G. Putnam, Assistant Deputy DirectorCourt of Appeals for the Sixth Circuit · 1987
- Jerome Yates, Jameela Yates v. City of Cleveland, Sanford L. Currie, OfficerCourt of Appeals for the Sixth Circuit · 1991
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3Cited by134 opinions
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- Robert Pepper v. Apple, Inc.Court of Appeals for the Ninth Circuit · 2017
- Spurlock v. SatterfieldCourt of Appeals for the Sixth Circuit · 1999
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