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Riley v. Wainwright

United States Court of Appeals, Eleventh Circuit
Jan 28, 1987
810 F.2d 1006 (11th Cir. 1987)

Summary

dismissing the defendants' appeal because the district court denied qualified immunity solely on the ground that "the case required substantial factual development before it could be determined with finality whether [the plaintiff] had been subjected to constitutional deprivation and, if so, whether some or all of the defendants were entitled to the benefit of qualified immunity"

Summary of this case from Riley v. Camp

Opinion

No. 86-5353. Non-Argument Calendar.

December 23, 1986. Rehearing Denied January 28, 1987.

Jim Smith, Atty. Gen., Dept. of Legal Affairs, Susan A. Maher, Asst. Atty. Gen., Tallahassee, Fla., for defendant-appellant.

Peter M. Siegel, Florida Justice Institute, Inc., Randall C. Berg, Miami, Fla., for plaintiff-appellee.

Appeal from the United States District Court for the Southern District of Florida; William J. Zloch, Judge.

Before GODBOLD, VANCE and JOHNSON, Circuit Judges.


The defendant seeks to appeal from the denial of his motion for summary judgment. No appeal is available. 10 Wright, Miller and Kane, Federal Practice and Procedure, § 2715 (1983); Pitney Bowes, Inc. v. Mestre, 701 F.2d 1365, 1368 (11th Cir. 1983); In re Smith, 735 F.2d 459, 461 (11th Cir. 1984). Nor does this case fall within any of the narrow exceptions to the rule of nonappealability such as the collateral order doctrine. See Smith, 735 F.2d at 461. The appeal is DISMISSED.

ON PETITION FOR REHEARING

PER CURIAM:

Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 2817, 86 L.Ed.2d 411 (1985) held that "a district court's denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable `final decision' within the meaning of 28 U.S.C. § 1291 notwithstanding the absence of a final judgment." In the present case the district court's denial of defendants' motion for summary judgment did not turn on an issue of law; the court denied defendants' claim of qualified immunity because the case required substantial factual development before it could be determined with finality whether Riley had been subjected to constitutional deprivation and, if so, whether some or all of the defendants were entitled to the benefit of qualified immunity. The district court's order is therefore not a final appealable decision.

In addition, the Supreme Court in Mitchell v. Forsyth specifically noted that it was expressing no opinion regarding the appealability of a denial of qualified immunity when the plaintiff's action involves claims for injunctive relief that will have to be adjudicated regardless of the resolution of any damage claims. Id. 105 S.Ct. at 2812 n. 5. Because Riley requested injunctive relief as well as damages, this case is not clearly controlled by Mitchell v. Forsyth.

Wainwright's petition for rehearing is DENIED.


Summaries of

Riley v. Wainwright

United States Court of Appeals, Eleventh Circuit
Jan 28, 1987
810 F.2d 1006 (11th Cir. 1987)

dismissing the defendants' appeal because the district court denied qualified immunity solely on the ground that "the case required substantial factual development before it could be determined with finality whether [the plaintiff] had been subjected to constitutional deprivation and, if so, whether some or all of the defendants were entitled to the benefit of qualified immunity"

Summary of this case from Riley v. Camp

In Riley, a panel of this court stated that it could not review the district court's denial of the defendants' summary judgment motion based on a claim of qualified immunity because that denial "did not turn on an issue of law.

Summary of this case from Bennett v. Parker

In Riley v. Wainwright, 810 F.2d 1006 (11th Cir. 1987), the district court denied the qualified immunity claim because it determined that "substantial [additional] factual development" was needed before that court could adequately assess the qualified immunity claim.

Summary of this case from Horlock v. Georgia Dept. of Human Resources

In Wright, plaintiff sued his health center employer, alleging that the employer violated his First Amendment rights by firing him in political retaliation.

Summary of this case from DeVargas v. Mason Hanger-Silas Mason Co.

In Riley, 810 F.2d at 1007 the Eleventh Circuit held that where a district court's denial of a claim of qualified immunity turned on an issue of law, it was immediately appealable. (citing Mitchell v. Forsyth, 472 U.S. at 530, 105 S.Ct. at 2817).

Summary of this case from Moore v. Tri-City Hosp. Authority
Case details for

Riley v. Wainwright

Case Details

Full title:LUKELY RILEY, PLAINTIFF-APPELLEE, v. LOUIE L. WAINWRIGHT…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Jan 28, 1987

Citations

810 F.2d 1006 (11th Cir. 1987)

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