Legal Opinion · Dissent

Moore v. City of Harriman

Court of Appeals for the Sixth Circuit

Decided November 8, 2001No. 99-5258Published

1DissentSuhrheinrich, Circuit Judge

The majority opinion purports to “reaffirm Wells’s requirement that § 1983 plaintiffs must clearly notify any defendants of their intent to seek individual liability, and [to] clarify that reviewing the course of proceedings is the most appropriate way to determine whether such notice has been given and received, as demonstrated by our decisions in Pelfrey and Abdur-Rahman.” Ante at 775. In actuality, however, the. majority eviscerates the Wells standard, expands the narrow exception created in Pelfrey beyond all reasonable bounds, transfers the pleading burden from plaintiffs to clearly…

2Cases cited100 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. Haines v. KernerSupreme Court of the United States · 1972
  4. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  5. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API