Legal Opinion
McKenna v. Wright
Court of Appeals for the Second Circuit
Decided October 18, 2004No. Docket No. 04-0492-PRPublishedCited by 169 opinions
1Opinion of the Court
JON 0. NEWMAN, Senior Circuit Judge.
This interlocutory appeal concerns (a) the procedural issue of whether a qualified immunity defense may be presented in a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure and (b) the substantive issue of whether a qualified immunity defense is valid on such a motion in the context of a prisoner’s claim for inadequate medical treatment for Hepatitis C Virus (“HCV”). These issues arise on an appeal by personnel of the New York Department of Correctional Services *434(“NYDOCS”) from an order of the District Court for the Southern…
2Cases cited18 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Cuoco v. MoritsuguCourt of Appeals for the Second Circuit · 2000
- Johnson v. JonesSupreme Court of the United States · 1995
- Behrens v. PelletierSupreme Court of the United States · 1996
13 more not listed; retrieve them via the Exa API.
3Cited by169 opinions
- Spavone v. New York State Department of Correctional ServicesCourt of Appeals for the Second Circuit · 2013
- Roe v. ElyeaCourt of Appeals for the Seventh Circuit · 2011
- Mckenna v. WrightCourt of Appeals for the Second Circuit · 2004
- Velez v. LevyCourt of Appeals for the Second Circuit · 2005
- Carl Gordon v. Fred SchillingCourt of Appeals for the Fourth Circuit · 2019
164 more not listed; retrieve them via the Exa API.