Waller v. Trippett

Defendant-Appellant, David Trippett (“Trippett” or the “Defendant”), appeals the district court’s order denying in part, and granting in part, his motion to dismiss Plaintiff-Appellee, Eric Waller’s (‘Waller” or the “Plaintiff’) complaint for failure to state a claim pursuant to 42 U.S.C. § 1983 and on the grounds of qualified immunity.

For the reasons set forth below, we AFFIRM the district court’s order denying the Defendant’s motion to dismiss for failure to state a § 1983 claim and REVERSE the district court’s order denying the Defendant’s motion to dismiss on the grounds of qualified…