Legal Opinion

Arthur H. Russell v. Bill Hardin, and Major McPherson

Court of Appeals for the Eighth Circuit

Decided July 18, 1989No. 88-1805WA, 88-1806WAPublishedCited by 8 opinions

1Opinion of the Court

DUMBAULD, Senior District Judge.

This case presents an interesting question as to the scope of protection accorded to police and other law enforcement officers by the doctrine of qualified immunity. The District Court denied appellant’s motion for summary judgment on the ground that there was a disputed issue of material fact with respect to the officers’ subjective intent in executing a valid search warrant. Since that conclusion conflicts with the strong policy of the Supreme Court in favor of prompt determination of insubstantial and vexatious lawsuits against public officials in limine…

2Cases cited19 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Anderson v. CreightonSupreme Court of the United States · 1987
  5. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949

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3Cited by8 opinions

  1. Langley v. CoughlinCourt of Appeals for the Second Circuit · 1989
  2. Hart v. City of Jersey CityNew Jersey Superior Court Appellate Division · 1998
  3. Steven M. Harrison v. John Dahm, Etc.Court of Appeals for the Eighth Circuit · 1990
  4. Morris v. CliffordCourt of Appeals for the Eighth Circuit · 1990
  5. Morris v. CliffordCourt of Appeals for the Eighth Circuit · 1990

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

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