· 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
Read full opinion on CourtListenerSourced 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.