Opinion

Franklin v. Johns

  • 436 F. App'x 210
Court
Court of Appeals for the Fourth Circuit
Filed
Jun 30, 2011
Status
Published
On the bench
Diaz, Keenan, Wynn
Cited by
12 cases
Authority
More cited than 60.9%

“We repeatedly have held that there is no requirement that the precise right allegedly violated already have been recognized specifically by a court before such right may be held ‘clearly established’ for qualified immunity purposes.”

How later courts described this case

  • “We repeatedly have held that there is no requirement that the precise right allegedly violated already have been recognized specifically by a court before such right may be held ‘clearly established’ for qualified immunity purposes.”
  • “‘An actor is subject to liability to another for assault if (a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and (b) the other is thereby put in such imminent apprehension.’ Restatement (Second) of Torts § 21 (1965), cited with approval in W. Va. Fire & Cas. Co. v. Stanley, 216 W. Va. 40 , 602 S.E.2d 483, 495 (2004).”
  • collecting and discussing authority regarding same

Written by the judges who cited it.

The opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

John Franklin appeals the district court’s order denying relief on his complaint filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971). We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s judgment. Franklin v. Johns, No. 5:09-cb-03023-D (E.D.N.C. Jan. 18, 2011). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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