Legal Opinion

Tremain Spivey, Shirley Spivey, as Next Friend for Tremain Spivey v. Michael Elliott, Lynn Crothers, Wilma Davis, Carolyn Mitchell

Court of Appeals for the Eleventh Circuit

Decided August 26, 1994No. 93-8269PublishedCited by 22 opinions

1Opinion of the Court

RONEY, Senior Circuit Judge:

After Tremain Spivey was sexually assaulted by a fellow classmate at the residential school which he attended, this ease was filed against two officials of the school. Spivey appeals the district court’s order granting summary judgment in favor of the school officials. The district court held that defendants had qualified immunity because the plaintiff failed to state a violation of a constitutional right under 42 U.S.C.A. § 1983. We hold that although plaintiffs claim was probably sufficient to allege a violation of a constitutional right, that right was not…

2Cases cited21 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Anderson v. CreightonSupreme Court of the United States · 1987
  4. DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989
  5. Siegert v. GilleySupreme Court of the United States · 1991

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

3Cited by22 opinions

  1. DiMeglio v. HainesCourt of Appeals for the Fourth Circuit · 1995
  2. Ronald E. Stevens, Individually and as Guardian of the Person and Estate of Bradley Edwin Stevens, a Disabled Person v. Richard UmstedCourt of Appeals for the Seventh Circuit · 1997
  3. Santamorena v. Georgia Military CollegeCourt of Appeals for the Eleventh Circuit · 1998
  4. Sanchez v. SwydenCourt of Appeals for the Fifth Circuit · 1998
  5. Spivey v. ElliottCourt of Appeals for the Eleventh Circuit · 1995

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

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