green
Positive treatment
4.4 score
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987
2006
2026
Top citers, strongest first. 17 distinct citers.
How cited ↗
discussed
Cited "but see"
DeNieva v. Reyes
But cf. Kennedy v. City of Cleveland, 797 F.2d 297, 304-06 (6th Cir.1986) (district court did not err in striking motion to reconsider denial of qualified immunity because defendants so moved more than 30 days after denial of qualified immunity), cert. denied, 479 U.S. 1103 , 107 S.Ct. 1334 , 94 L.Ed.2d 185 (1987).
discussed
Cited "but see"
Denieva v. Reyes
But cf. Kennedy v. City of Cleveland, 797 F.2d 297, 304-06 (6th Cir.1986) (district court did not err in striking motion to reconsider denial of qualified immunity because defendants so moved more than 30 days after denial of qualified immunity), cert. denied, 479 U.S. 1103 , 107 S.Ct. 1334 , 94 L.Ed.2d 185 (1987).
discussed
Cited "see"
Outdoor Systems, Inc. v. City of Mesa
See Major Media of the Southeast, Inc. v. City of Raleigh, 792 F.2d 1269, 1273 (4th Cir.1986) (Major Media) (rejecting similar argument), cert. denied, 479 U.S. 1102 , 107 S.Ct. 1334 , 94 L.Ed.2d 185 (1987).
discussed
Cited "see"
Outdoor Systems, Inc., an Arizona Corporation Milton Lee, Trustee for the Danny O. Lee Trust v. City of Mesa, an Arizona Municipal Corporation, Outdoor Systems, Inc., an Arizona Corporation Milton Lee, Trustee for the Danny O. Lee Trust v. City of Mesa, an Arizona Municipal Corporation, Whiteco Metrocom, Inc., an Indiana Corporation v. City of Tucson, an Arizona Municipal Corporation, Whiteco Metrocom, Inc., an Indiana Corporation v. City of Tucson
See Major Media of the Southeast, Inc. v. City of Raleigh, 792 F.2d 1269, 1273 (4th Cir.1986) (Major Media ) (rejecting similar argument), cert. denied, 479 U.S. 1102 , 107 S.Ct. 1334 , 94 L.Ed.2d 185 (1987).
discussed
Cited "see"
Phillip Fry, Susan Fry v. Olin Melaragno, David W. Otto, Mark Barnes, Mark Pendery
See Kennedy v. City of Cleveland, 797 F.2d 297, 299 (6th Cir.1986) (noting that because Mitchell contemplates that immunity may be raised before trial on both a motion to dismiss and for summary judgment, "it is possible that the progress of civil rights actions ... may be interrupted by not one but two interlocutory appeals”), cert. denied, 479 U.S. 1103 , 107 S.Ct. 1334 , 94 L.Ed.2d 185 (1987). 6 .
discussed
Cited "see"
Mays-Ott Co., Inc. v. Town of Nags Head
See Major Media of the Southeast, Inc. v. City of Raleigh, 621 F.Supp. 1446 (E.D.N.C.1985), aff 'd, 792 F.2d 1269 (4th Cir.1986), cert. denied, 479 U.S. 1102 , 107 S.Ct. 1334 , 94 L.Ed.2d 185 (1987); Williams v. City of Columbia, 906 F.2d 994 (4th Cir.1990).
discussed
Cited "see"
DiLoreto v. Borough of Oaklyn
See Kennedy v. City of Cleveland, 797 F.2d 297, 300 (6th Cir.1986) (“failure to plead immunity may, at different stages of the litigation, work either a partial or complete waiver”), cert, denied sub nomine Hanton v. Kennedy, 479 U.S. 1103 , 107 S.Ct. 1334 , 94 L.Ed.2d 185 (1987); Kelson v. City of Springfield, 767 F.2d 651, 657 (9th Cir.1985) (suggesting that defendants be permitted to raise defense of qualified immunity on remand where no answer had been filed, district court had improperly granted motion to dismiss, and plaintiffs were to be permitted to file amended complaint); Troxler…
discussed
Cited "see"
Jose Zayas-Green v. Sergio Casaine, Jose Zayas-Green v. Sergio Casaine, Etc., Appeal of Esteban Davila-Diaz
See Kennedy v. City of Cleveland, 797 F.2d 297, 301 (6th Cir.1986) (“[I]f the order [denying immunity] is appealable at all, it must be appealed within the time set by law, here thirty days, or the right must be considered to have been waived.”), cert. denied, 479 U.S. 1103 , 107 S.Ct. 1334 , 94 L.Ed.2d 185 (1987).
discussed
Cited "see"
Robert Brown, Jr. v. Captain Baker Sgt. Heidle Skip Ball Joel Smith John Rolling and Patrick Floyd
Melear v. Spears, 862 F.2d 1177, 1184 (5th Cir.1989)(Where there are historical factual issues confronting the trial court, the case should be submitted to the jury to determine whether the defendants' violated the clearly established law at the time of the offense.); Thorsted v. Kelly, 858 F.2d 571, 575 (9th Cir.1988) ("[W]hen there are triable issues of fact of a reasonable belief that a search is lawful, viewed in light of the settled nature of the law, these issues of fact are for the jury."); Bosewell v. Sherburne County, 849 F.2d 1117 , 1120-1122 (8th Cir.1988)(same), cert. denied, 109 S…
discussed
Cited "see"
Karen W. Klyce v. Carlos Ramirez, M.D., and John Gonzalez, M.D.
See Kennedy v. City of Cleveland, 797 F.2d 297, 299-300 (6th Cir.1986), cert. denied, 107 S.Ct. 1334 , 94 L.Ed.2d 185 (1987) 7 Fed.R.Civ.P. 54(b) provides: Judgment Upon Multiple Claims or Involving Multiple Parties.
discussed
Cited "see"
The Ecclesiastical Order Of The Ism Of Am, Inc. v. Joseph Chasin
See Ecclesiastical Order of the Ism of Am, Inc. v. Comm'r, 80 T.C. 833 (1983), aff'd, 740 F.2d 967 (6th Cir.1984), cert. denied, 471 U.S. 1015 , 105 S.Ct. 2018 , 85 L.Ed.2d 300 (1985). 27 In Kennedy v. City of Cleveland, 797 F.2d 297, 299 (6th Cir.1986), cert. denied, --- U.S. ----, 107 S.Ct. 1334 , 94 L.Ed.2d 185 (1987), this court found that 28 "[w]here a defendant is entitled to qualified immunity the plaintiff must plead facts which, if true, describe a violation of a clearly established statutory or constitutional right of which a reasonable public official, under an objective standard, w…
discussed
Cited "see, e.g."
Bentley v. Cleveland County Board of County Commissioners ex rel. Cleveland County
See, e.g., Kennedy v. City of Cleveland, 797 F.2d 297, 300 (6th Cir.1986) (“[Ijmmunity, whether qualified or absolute, is an affirmative defense which must be affirmatively pleaded ...cert. denied, 479 U.S. 1103 , 107 S.Ct. 1334 , 94 L.Ed.2d 185 (1987); Jakobsen v. Massachusetts Port Auth., 520 F.2d 810, 813-16 (1st Cir.1975) (waiving statutory limit on port authority’s liability).
discussed
Cited "see, e.g."
Bentley v. Cleveland County Board Of County Commissioners
See, e.g., Kennedy v. City of Cleveland, 797 F.2d 297, 300 (6th Cir.1986) ("[I]mmunity, whether qualified or absolute, is an affirmative defense which must be affirmatively pleaded ...."), cert. denied, 479 U.S. 1103 , 107 S.Ct. 1334 , 94 L.Ed.2d 185 (1987); Jakobsen v. Massachusetts Port Auth., 520 F.2d 810, 813-16 (1st Cir.1975) (waiving statutory limit on port authority's liability). 20 Permitting the County to raise this issue at this stage of the proceedings would be extremely unfair to Bentley, who may have been able to prove some exception to the damage cap at trial if he had notice of …
discussed
Cited "see, e.g."
United Artists' Theater Circuit, Inc. v. City of Philadelphia
(2×)
See, e.g., Major Media of the Southeast, Inc. v. City of Raleigh, 792 F.2d 1269 (4th Cir.1986), cert. denied, 479 U.S. 1102 , 107 S.Ct. 1334 , 94 L.Ed.2d 185 (1987). [3] There may be circumstances in which the mere designation of a property as historic would constitute a taking due to the extreme financial hardship resulting from such designation.
discussed
Cited "see, e.g."
No. 92-1201
Our review of the record and authorities persuades us that the district court's first order was not final and that the time for taking an appeal did not begin to run upon entry of that order. 23 "An appeal taken under the collateral order doctrine is subject to all the usual appellate rules and time periods, including Rule 4 of the Federal Rules of Appellate Procedure." United States v. Moats, 961 F.2d 1198, 1203 (5th Cir.1992); see also Kennedy v. City of Cleveland, 797 F.2d 297, 301 (6th Cir.1986), cert. denied, 479 U.S. 1103 , 107 S.Ct. 1334 , 94 L.Ed.2d 185 (1987); 9 J.
discussed
Cited "see, e.g."
Southern Ute Indian Tribe v. Amoco Production Co.
“An appeal taken under the collateral order doctrine is subject to all the usual appellate rules and time periods, including Rule 4 of the Federal Rules of Appellate Procedure.” United States v. Moats, 961 F.2d 1198, 1203 (5th Cir.1992); see also Kennedy v. City of Cleveland, 797 F.2d 297, 301 (6th Cir.1986), cert. denied, 479 U.S. 1103 , 107 S.Ct. 1334 , 94 L.Ed.2d 185 (1987); 9 J.
discussed
Cited "see, e.g."
National Advertising Company v. City of Raleigh, North Carolina, Southern Environmental Law Center, Amicus Curiae
See, e.g., Major Media of the Southeast, Inc. v. City of Raleigh, 621 F.Supp. 1446 , aff’d, 792 F.2d 1269 (4th Cir.1986), cert. denied, 479 U.S. 1102 , 107 S.Ct. 1334 , 94 L.Ed.2d 185 (1987); Summey Outdoor Advertising, Inc. v. The County of Henderson, 96 N.C.App. 533 , 386 S.E.2d 439 (1989), pet. for disc. rev. denied 326 N.C. 486 , 392 S.E.2d 101 (1990); R.O.
Retrieving the full opinion text from the archive…
Jackson Water Works, Inc.
v.
Public Utilities Commission of California
v.
Public Utilities Commission of California
No. 86-893.
Supreme Court of the United States.
Feb 23, 1987.
Certiorari, White.
Cited by 1 opinion | Published
C. A. 9th Cir. Certiorari denied.
Justice White and Justice Powell would grant certiorari.