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