Gean v. Hattaway
Court of Appeals for the Sixth Circuit
1Opinion of the CourtBatchelder, J., joined by Aldrich, D.J.,
CLAY, J. (p. 777), delivered a separate opinion concurring in the outcome reached by the majority opinion.
OPINION
BATCHELDER, Circuit Judge.
In this interlocutory appeal, the defendants challenge the district court’s denial of their motion to dismiss the plaintiffs’ claims on grounds of sovereign and qualified immunity. The district court held that the defendants were entitled to neither qualified nor sovereign immunity, and that all but one of the claims set forth by the plaintiffs set forth facts which, if true, could entitle plaintiffs to relief. Because the district court failed to apply…
2Cases cited50 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- Anderson v. CreightonSupreme Court of the United States · 1987
- Kentucky v. GrahamSupreme Court of the United States · 1985
- Ex Parte YoungSupreme Court of the United States · 1908
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3Cited by149 opinions
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- Chambers v. School District of Philadelphia Board of EducationCourt of Appeals for the Third Circuit · 2009
- Diaz-Fonseca v. Commonwealth of PRCourt of Appeals for the First Circuit · 2006
- Rio Grande Community Health Center, Inc. v. RullanCourt of Appeals for the First Circuit · 2005
- Brian Midkiff Monica Midkiff v. Adams County Regional Water DistrictCourt of Appeals for the Sixth Circuit · 2005
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