Legal Opinion
Guider v. Smith
Michigan Supreme Court
Decided October 24, 1988No. Docket Nos. 80577, 80578, 80804, (Calendar No. 1)PublishedCited by 19 opinions
1Opinion of the CourtBoyle, J.
This Court granted leave to consider the issue whether the judgment against the individual defendant should be reversed on the basis of the doctrine of qualified immunity under 42 USC 1983.
This appeal requires the Court to address 1) the substantive law of qualified immunity, and 2) the procedural problems which arise in framing and resolving claims of immunity in civil rights actions against police officers. We hold that the judgment against the defendant should not be reversed on the basis of the defense of qualified immunity.
The trial court correctly determined that the defendant was not…
2Cases cited13 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Anderson v. CreightonSupreme Court of the United States · 1987
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Malley v. BriggsSupreme Court of the United States · 1986
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Wilson v. General Motors Corp.Michigan Court of Appeals · 1990
- By Lo Oil Co. v. Department of TreasuryMichigan Court of Appeals · 2005
- People v. BuckMichigan Court of Appeals · 1991
- Thomas J Petipren v. Rodney JaskowskiMichigan Supreme Court · 2013
- Lavigne v. ForsheeMichigan Court of Appeals · 2014
14 more not listed; retrieve them via the Exa API.