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· 7/26/1983

United States ex rel. Greenwald Industrial Products Co. v. Barlows Commercial Construction Co.

Citations

  • 567 F. Supp. 464
  • 31 Cont. Cas. Fed. 71,443
  • 1983 U.S. Dist. LEXIS 15175

How courts have described this case

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

  • finding that qualified immunity “has no application to a suit for declaratory or injunctive relief”
  • reasoning that a claim of qualified immunity was premature at the motion to dismiss stage because its application depended upon a determination of all of the circumstances as they reasonably appeared at the time of the action, which had not yet been fully developed
  • “. . . the doctrine of immunity . . . has no application to a suit for declaratory or injunctive relief”
  • official immunity doctrine has no application to suits for injunctive relief, at least so long as they do not have the inhibitory effect of suits for money damages
  • case not moot where plaintiffs or other class member might again seek admission to presidential appearances to exercise first amendment rights
  • \An unasserted defense available at the time of response to an initial pleading may not be asserted when the initial pleading is amended.\ (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Judges: Richey

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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.