· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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