# Kimberlin, Brett C. v. Quinlan, Michael J.

> Court of Appeals for the D.C. Circuit · April 4, 2000 · 207 F.3d 667

URL: https://www.frixlaw.com/law-library/cases/9439210

## Case

- **Full name:** Brett C. KIMBERLIN, Appellee, v. J. Michael QUINLAN, Et Al., Appellants
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** April 4, 2000
- **Citations:** 207 F.3d 667; 340 U.S. App. D.C. 508; 2000 U.S. App. LEXIS 6424; 2000 WL 303166
- **Precedential status:** Published
- **Opinion:** Dissent by Henderson
- **Judges:** Edwards, Silberman, Williams, Ginsburg, Sentelle, Henderson, Randolph, Rogers, Tatel, Garland
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

KAREN LeCRAFT HENDERSON, Circuit Judge,
dissenting:
I dissent from the denial of the appellants’ petition for rehearing en bane for the reasons set forth in my panel dissent. See Kimberlin v. Quinlan, 199 F.3d 496, 504-06 (D.C.Cir.1999). Because the record, viewed in the light most favorable to the appellee, does not establish a constitutional violation, the appellants are entitled to qualified immunity and we should therefore reverse the district court flat out. See Siegert v. Gilley, 500 U.S. 226 , 111 S.Ct. 1789 , 114 L.Ed.2d 277 (1991). Instead we remand for the appellee to resume his quest for evidence of an imagined wrong. So doing, we waste the time and resources of all involved.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9439210. Public record. Not legal advice.