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· 10/21/2004

Terry Lee Passmore Swann v. Southern Health

Citations

  • 388 F.3d 834
  • 2004 U.S. App. LEXIS 21860
  • 2004 WL 2364793

How courts have described this case

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

  • explaining that the rationale against immunity for municipalities “is applicable in § 1983 suits against non-governmental entities not entitled to qualified immunity”
  • noting that the heightened pleading standard for qualified immunity cases survives the Supreme Court’s decision in Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit, 507 U.S. 163, 113 S.Ct. 1160, 122 L.Ed.2d 517 (1993
  • noting that the heightened pleading standard for qualified immunity cases survives the Supreme Court’s decision in Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit, 507 U.S. 163, 113 S. Ct. 1160, 122 L. Ed. 2d 517 (1993
  • “Leatherman overturned our prior decisions to the extent that those cases required a heightened pleading standard in § 1983 actions against entities that cannot raise qualified immunity as a defense.”
  • “[A municipality] is liable only for acts directly attributable to it ‘through some [sort of] official action or imprimatur.’”
  • “Under the prior panel rule, we are bound by the holdings of earlier panels unless and until they are clearly overruled en banc or by the Supreme Court.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Birch, Barkett, Cox

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.