Legal Opinion

Spivey v. Elliott

Court of Appeals for the Eleventh Circuit

Decided January 11, 1995No. 93-8269PublishedCited by 30 opinions

1Opinion of the Court

ON SUA SPONTE RECONSIDERATION

Before HATCHETT and COX, Circuit Judges, and RONEY, Senior Circuit Judge. RONEY, Senior Circuit Judge:

In this 42 U.S.C.A. § 1983 action against two officials of the state-operated residential school for the hearing impaired where an eight-year-old plaintiff was sexually assaulted by a thirteen-year-old fellow classmate, we affirmed a summary judgment in favor of the defendants on the ground of qualified immunity. Spivey v. Elliott, 29 F.3d 1522 (11th Cir.1994). The panel majority first determined that a special relationship existed between the student and the…

2Cases cited4 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Siegert v. GilleySupreme Court of the United States · 1991
  4. Tremain Spivey, Shirley Spivey, as Next Friend for Tremain Spivey v. Michael Elliott, Lynn Crothers, Wilma Davis, Carolyn MitchellCourt of Appeals for the Eleventh Circuit · 1994

3Cited by30 opinions

  1. Cottrell v. CaldwellCourt of Appeals for the Eleventh Circuit · 1996
  2. Brum v. Town of DartmouthMassachusetts Supreme Judicial Court · 1999
  3. 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
  4. Wooten v. CampbellCourt of Appeals for the Eleventh Circuit · 1995
  5. Santamorena v. Georgia Military CollegeCourt of Appeals for the Eleventh Circuit · 1998

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