Legal Opinion
Ivey L. Garner, Jr. v. Ralph N. Rathburn
Court of Appeals for the Tenth Circuit
Decided June 2, 1965No. 7964PublishedCited by 27 opinions
1Opinion of the Court
HILL, Circuit Judge.
This is an action for damages due allegedly to defendant’s negligence which injured plaintiff’s ankle and leg. The defendant (who is appellee here), through the United States Attorney, moved to dismiss the action on the ground that the acts complained of were committed by the defendant in the performance of his duties as an officer and employee of the United States for which the defendant has absolute immunity. The court below treated the motion, which was filed under Rule 12(b), as a Motion for Summary Judgment under Rule 56 and granted defendant’s motion by attributing…
2Cases cited14 opinions
- Bradley v. FisherSupreme Court of the United States · 1872
- Barr v. MatteoSupreme Court of the United States · 1959
- Gregoire v. BiddleCourt of Appeals for the Second Circuit · 1949
- Spalding v. VilasSupreme Court of the United States · 1896
- Yaselli v. GoffCourt of Appeals for the Second Circuit · 1926
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Ferri v. AckermanSupreme Court of the United States · 1979
- Dewell v. LawsonCourt of Appeals for the Tenth Circuit · 1974
- Jon Edward Hass, for the Sole Use and Benefit of the United States of America, and Jon Edward Hass, Individually v. United States of AmericaCourt of Appeals for the Fourth Circuit · 1975
- Iris N. McKinney v. Charles A. WhitfieldCourt of Appeals for the D.C. Circuit · 1984
- Sammie J. Franklin, Jr. v. Charles Meredith, John G. Ralston, and Edward J. KeatingCourt of Appeals for the Tenth Circuit · 1967
22 more not listed; retrieve them via the Exa API.