Legal Opinion
Philip Berryman v. Dean Rieger, C. Kukla, Diane Holzheuer
Court of Appeals for the Sixth Circuit
Decided July 6, 1998No. 96-2337PublishedCited by 478 opinions
1Opinion of the Court
OPINION
MERRITT, Circuit Judge.
In yet another in a long line of § 1983, interlocutory, qualified immunity appeals raising factual issues, we must first decide whether we have appellate jurisdiction. This depends on whether there is a pure issue of constitutional tort law to be determined separable from the factual issues. The District Court denied qualified immunity to a prison doctor and two nurses sued by the plaintiff, who claims that the defendants refused to give him medical treatment in retaliation for a lawsuit he had previously filed against another nurse. Our decision follows the…
2Cases cited14 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Estelle v. GambleSupreme Court of the United States · 1976
- Farmer v. BrennanSupreme Court of the United States · 1994
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Pell v. ProcunierSupreme Court of the United States · 1974
9 more not listed; retrieve them via the Exa API.
3Cited by478 opinions
- Thaddeus-X and Earnest Bell, Jr. v. BlatterCourt of Appeals for the Sixth Circuit · 1999
- Shehee v. LuttrellCourt of Appeals for the Sixth Circuit · 1999
- Carolyn Comstock v. Norris McCrary v. S. Thyagarajan and David HowellCourt of Appeals for the Sixth Circuit · 2001
- Everson v. LeisCourt of Appeals for the Sixth Circuit · 2009
- Phillips v. Roane County, Tenn.Court of Appeals for the Sixth Circuit · 2008
473 more not listed; retrieve them via the Exa API.