Skip to main content
· 5/13/1994

John English v. Dennis Dyke Terry Pitcher Pamela Withrow and Linda Flanagan

Citations

  • 23 F.3d 1086
  • 28 Fed. R. Serv. 3d 1534
  • 1994 U.S. App. LEXIS 10672
  • 1994 WL 180664

How courts have described this case

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

  • finding that the record was “uncertain and 24 ambiguous” and remand was warranted where there were “significant factual 25 conflicts in the record between [the plaintiff’s] testimony and objective medical 26 evidence”
  • “While the issue [of qualified immunity] is before the trial court or the case is on appeal, the trial court should stay discovery.”
  • “While the issue [of qualified immunity] is before the trial court or the case is on appeal, the trial court should stay discovery.”
  • remand for further administrative proceedings 24 is the proper remedy “in all but the rarest cases”
  • A waiver of a qualified immunity argument “need not waive the defense for all purposes but would generally only waive the defense for the stage at which the defense should have been asserted.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kennedy, Nelson, Lively

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.