# Stewart v. Baldwin County Board of Education

> Court of Appeals for the Eleventh Circuit · August 15, 1990 · 908 F.2d 1499

URL: https://www.frixlaw.com/law-library/cases/8981486

## Case

- **Full name:** James D. STEWART v. BALDWIN COUNTY BOARD OF EDUCATION Laurens Jones Carl E. Johnson William L. Donaldson L.E. Rockwell, M.D. Ruth S. Underwood J. Larry Newton
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** August 15, 1990
- **Citations:** 908 F.2d 1499
- **Precedential status:** Published
- **Opinion:** Concurrence by Hatchett
- **Judges:** Anderson, Hatchett, Johnson
- **Cited by:** 36 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8981486

## How later opinions describe it (automated extraction)

- holding the Court’s ruling precludes an extension of absolute immunity to board members’ decision to terminate faculty member

## Opinion text

HATCHETT, Circuit Judge, specially
concurring:
I join in affirming the district court and returning this case to that court for factual development because the issue of why the school board fired Stewart precluded summary judgment. Consequently, I would dismiss the appeal. Goddard v. Urrea, 847 F.2d 765 (11th Cir.1988).
Two additional comments are in order: (1) where material factual issues are in dispute, it is risky for the district court to rely on one party’s “version of the facts” to resolve any issue in the case; (2) the practice whereby defendants create material factual issues in the district court, lose on their summary judgment motion based on immunity because of the factual disputes, but then argue on appeal that the district court should be reversed because on the plaintiff’s “version of the facts” no clearly established right has been shown, is unacceptable.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8981486. Public record. Not legal advice.