Legal Opinion

John E. Green v. J. Kenneth Brantley, Edgar v. Lewis, Craig R. Smith, Garland P. Castleberry

Court of Appeals for the Eleventh Circuit

Decided September 12, 1991No. 89-8150PublishedCited by 30 opinions

1Opinion of the Court

EDMONDSON, Circuit Judge:

In this civil rights case, we decide whether we have jurisdiction to hear an interlocutory appeal from a denial of summary judgment on the ground of qualified immunity when the defendant must still face trial on another claim arising from the same occurrence. Defendants appeal the denial of summary judgment on one of two civil rights damage claims asserted against them but concede that the remaining claim must go to trial. A panel of this court refused jurisdiction, but we vacated that opinion to consider the case en banc. We now conclude that the denial of summary…

2Cases cited30 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  3. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  4. Mitchell v. ForsythSupreme Court of the United States · 1985
  5. Pierson v. RaySupreme Court of the United States · 1967

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3Cited by30 opinions

  1. Behrens v. PelletierSupreme Court of the United States · 1996
  2. Lassiter v. Alabama A & M UniversityCourt of Appeals for the Eleventh Circuit · 1994
  3. Post v. City of Fort LauderdaleCourt of Appeals for the Eleventh Circuit · 1993
  4. Lassiter v. AlabamaCourt of Appeals for the Eleventh Circuit · 1994
  5. Post v. City of Fort LauderdaleCourt of Appeals for the Eleventh Circuit · 1993

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