Legal Opinion

Workman v. Jordan

Court of Appeals for the Tenth Circuit

Decided March 16, 1992No. Nos. 91-1067, 91-1132, 91-1151PublishedCited by 145 opinions

1Opinion of the Court

TACHA, Circuit Judge.

Defendants Ed Jordan, Rick Dill, and David Worden appeal from orders postponing until trial a decision on their motions to dismiss Plaintiffs’ complaint on grounds of qualified immunity. Defendants request that if we conclude we lack jurisdiction over their appeals, we grant mandamus compelling the district court to decide their motions before trial. We conclude that we have jurisdiction of the appeals, that mandamus does not lie, and that the district court should have addressed the motions to dismiss. We therefore reverse and remand for further proceedings and dismiss…

2Cases cited25 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  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. Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989

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3Cited by145 opinions

  1. Worrell v. HenryCourt of Appeals for the Tenth Circuit · 2000
  2. Maestas v. State of ColoradoCourt of Appeals for the Tenth Circuit · 2003
  3. Donna Lowe v. Town of Fairland, Oklahoma Beverly Hill Don Jones Shirley Mangold and Loretta VinyardCourt of Appeals for the Tenth Circuit · 1998
  4. DiCesare v. StuartCourt of Appeals for the Tenth Circuit · 1993
  5. ARW Exploration Corp. v. AguirreCourt of Appeals for the Tenth Circuit · 1995

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