[Download] "English V. Dyke" by United States Court Of Appeals For The Sixth Circuit ~ eBook PDF Kindle ePub Free

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eBook details

• Title: English V. Dyke
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 13, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

KENNEDY, Circuit Judge. Defendants, prison officials at the Michigan Reformatory, appeal the District Court's order denying their post-answer motion to dismiss or for summary judgment based on qualified immunity. The District Court held that defendants waived their qualified immunity defense by failing to raise it in their pre-answer motion to dismiss or for summary judgment. Defendants argue on appeal that (1) the District Court erred in treating defendants' post-answer motion for summary judgment as a motion for reconsideration of the court's ruling on the pre-answer motion, and (2) the District Court erred in holding that defendants' failure to raise their qualified immunity defense in their pre-answer motion waived their right to assert the defense. For the following reasons, we reverse the judgment of the District Court and remand the case for the trial court to consider the merits of defendants' qualified immunity defense.

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