· 7/1/1993
James Haynes Camarillo v. Daniel J. McCarthy Director
Citations
- 998 F.2d 638
- 1993 WL 232352
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an affirmative defense may be raised at summary judg- ment absent prejudice to opposing party
- reserving question of whether HIV segregation policy is constitutional but holding officers entitled to qualified immunity
- finding that the analysis was not whether the 22 First Amendment was clearly established, but whether the inmate was entitled to be free from 23 prison regulations restricting his interactions with other members of the prison population
- explaining that although qualified immunity is an affirmative defense that should be raised in an initial response to a complaint, it “may be raised for the first time at summary judgment” unless there is “a showing of prejudice” to the plaintiff
- reserving question of whether HIV segregation policy is constitutional but holding officers entitled to qualified immunity
- allowing affir- mative defense that was raised for the first time in a summary judgment motion, where the opposing party did not object and was not prejudiced
Source: CourtListener parenthetical corpus (CC0).
Judges: Farris, Poole, Wiggins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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