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· 5/10/1989

Henke v. Superior Court

Citations

  • 775 P.2d 1160
  • 161 Ariz. 96

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • court of appeals accepted special action jurisdiction from the trial court’s denial of a motion to dismiss based on the doctrine of qualified immunity
  • court of appeals accepted special action jurisdiction from the trial court's denial of a motion to dismiss based on the doctrine of qualified immunity
  • although denial of motion to dismiss was non-appealable interlocutory order, jurisdictional relief was granted under the \unusual step\ of a special-action petition
  • accepted jurisdiction on special-action petition and ordered trial court to dismiss section 1983 claim
  • We follow a general policy of “declining jurisdiction when relief is sought to obtain review of orders denying motions to dismiss.”
  • Special action jurisdiction is appropriate when a dispositive motion claiming immunity has been denied because “we cannot allow a state official to be forced to trial when the process can and should be aborted in its early stages.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Grant, Kleinschmidt, Fidel

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.