Legal Opinion

Michael D. Murphy v. Terry D. Morris, Kelly Mescher, and Unknown M.T.C.M. Mail Room Personnel

Court of Appeals for the Eighth Circuit

Decided July 27, 1988No. 87-2026PublishedCited by 40 opinions

1Opinion of the Court

BEAM, Circuit Judge.

Kelly Mescher, an assistant attorney general for the State of Missouri, appeals from the district court’s denial of her motion to dismiss this action, brought by Michael Murphy, an inmate of the Missouri Department of Corrections, pursuant to 42 U.S.C. § 1983. Mescher argues that the district court erred in concluding that she is not absolutely immune from suit for acts undertaken in defense of state officials in a prior section 1983 lawsuit brought by Murphy against the state and various state officials. We reverse.

BACKGROUND

This action arises, generally, out of civil…

2Cases cited19 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. Mitchell v. ForsythSupreme Court of the United States · 1985
  4. Imbler v. PachtmanSupreme Court of the United States · 1976
  5. Rakas v. IllinoisSupreme Court of the United States · 1979

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

3Cited by40 opinions

  1. Bryan v. MurphyDistrict Court, N.D. Georgia · 2003
  2. Burke H. Mendenhall and Plaza-Hill Realty Corporation v. Steven GoldsmithCourt of Appeals for the Seventh Circuit · 1995
  3. Christensen v. WardCourt of Appeals for the Tenth Circuit · 1990
  4. Robinson v. Volkswagenwerk AGCourt of Appeals for the Tenth Circuit · 1991
  5. Perry Center, Inc. v. HeitkampNorth Dakota Supreme Court · 1998

35 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