Legal Opinion

Harper v. Lawrence County, Ala.

Court of Appeals for the Eleventh Circuit

Decided January 6, 2010No. 09-10226op2PublishedCited by 172 opinions

Non-Argument Calendar.

1Opinion of the Court

FAY, Circuit Judge:

The court hereby withdraws the opinion issued in the matter on October 7, 2009 and substitutes the following therefore.

This appeal requires us to determine whether the district court properly rescinded its order converting a motion to dismiss into a motion for summary judgment. We must also determine whether the court properly denied Defendants qualified immunity. After reviewing the record and the parties’ briefs, we AFFIRM IN PART AND REVERSE IN PART.

I. FACTS

A. Background

The following facts are taken from Plaintiffs Complaint. On April 24, 2007 Mitchell Vinson Harper was…

2Cases cited24 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  4. GJR Investments, Inc. v. County of EscambiaCourt of Appeals for the Eleventh Circuit · 1998
  5. Goebert v. Lee CountyCourt of Appeals for the Eleventh Circuit · 2007

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3Cited by172 opinions

  1. Carl Hoffer v. Secretary, Florida Department CorrectionsCourt of Appeals for the Eleventh Circuit · 2020
  2. Nilesh S. Patel v. James SmithCourt of Appeals for the Eleventh Circuit · 2020
  3. Duff v. SteubCourt of Appeals for the Eleventh Circuit · 2010
  4. Quintana v. Santa Fe County Board of Comm.Court of Appeals for the Tenth Circuit · 2020
  5. April Myrick v. Fulton County, GeorgiaCourt of Appeals for the Eleventh Circuit · 2023

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

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