Legal Opinion
Talmadge McDonald Iii, a Minor, by His Mother and Next Friend, Glynis R. McDonald v. Patrick E. Haskins
Court of Appeals for the Seventh Circuit
Decided July 1, 1992No. 91-2045PublishedCited by 185 opinions
1Opinion of the Court
FLAUM, Circuit Judge.
Police Officer Patrick Haskins brings this interlocutory appeal — as is his right, see Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 2817, 86 L.Ed.2d 411 (1985) — from the district court’s denial of his Rule 12(b)(6) motion to dismiss on qualified immunity grounds Talmadge McDonald’s excessive force claim brought under 42 U.S.C. § 1983. One may certainly raise an immunity defense in a motion to dismiss; this means, however, that the only facts before us on appeal are those alleged in the complaint, which at this juncture we must take as true. See K.H. ex rel.…
2Cases cited19 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Graham v. ConnorSupreme Court of the United States · 1989
- Anderson v. CreightonSupreme Court of the United States · 1987
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Tennessee v. GarnerSupreme Court of the United States · 1985
14 more not listed; retrieve them via the Exa API.
3Cited by185 opinions
- Tapanga Hardeman v. David WathenCourt of Appeals for the Seventh Circuit · 2019
- Cindy Abbott v. Sangamon CountyCourt of Appeals for the Seventh Circuit · 2013
- Cortez v. McCauleyCourt of Appeals for the Tenth Circuit · 2007
- Priester v. City of Riviera BeachCourt of Appeals for the Eleventh Circuit · 2000
- Sharrar v. FelsingCourt of Appeals for the Third Circuit · 1997
180 more not listed; retrieve them via the Exa API.