Legal Opinion

Muhammed Kenyatta v. Roy K. Moore, James O. Ingram and Thomas Fitzpatrick

Court of Appeals for the Fifth Circuit

Decided October 29, 1984No. 83-4753PublishedCited by 47 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

A civil rights activist seeks damages from Federal Bureau of Investigation officers for alleged invasion of his federal constitutional rights and for state law torts. The defendants’ motions for summary judgment based on qualified immunity to the federal claims and absolute immunity to the pendent state-law claims were denied. Having twice unsuccessfully sought to appeal the rulings by certification as interlocutory orders under 28 U.S.C. § 1292(b), the officers now appeal, contending that the denial of their motion, while collateral, is final in effect and,…

2Cases cited45 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  3. Imbler v. PachtmanSupreme Court of the United States · 1976
  4. Washington v. DavisSupreme Court of the United States · 1976
  5. Griffin v. BreckenridgeSupreme Court of the United States · 1971

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3Cited by47 opinions

  1. Mitchell v. ForsythSupreme Court of the United States · 1985
  2. Medicare&medicaid Gu 37,414 Pueblo Neighborhood Health Centers, Inc., and Oliver P. Pacheco v. Joseph E. Losavio, Jr.Court of Appeals for the Tenth Circuit · 1988
  3. Patsy Carolyn POE, Plaintiff-Appellee, v. Donnie HAYDON, Et Al., Defendants-AppellantsCourt of Appeals for the Sixth Circuit · 1988
  4. James Elliott and Joseph Defley v. Leander H. Perez, Jr., Etc., Eugene E. Leon, Jr., Etc., and Frank KleinCourt of Appeals for the Fifth Circuit · 1985
  5. Barry Eric Floyd v. Richard J. Farrell, Jr., Individually and in His Capacity as a Trooper for the New Hampshire State PoliceCourt of Appeals for the First Circuit · 1985

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