Opinion

Dennis Wolfel v. Nick Sanborn

  • 691 F.2d 270
  • 1982 U.S. App. LEXIS 24680
Court
Court of Appeals for the Sixth Circuit
Filed
Oct 20, 1982
Status
Published
Author
Weick
On the bench
Edwards, Weick, Phillips
Cited by
23 cases
Authority
More cited than 25.3%

finding that parole officers are entitled to only qualified immunity for arresting and imprisoning parolee for 27 days without holding a preliminary hearing to determine probable cause

How later courts described this case

  • finding that parole officers are entitled to only qualified immunity for arresting and imprisoning parolee for 27 days without holding a preliminary hearing to determine probable cause
  • parole officers entitled to qualified immunity with respect to arrest of parolee
  • Sixth Circuit adopting Harlow test for state officials

Written by the judges who cited it.

The opinion

WEICK, Senior Circuit Judge,

concurring in part:

I concur in all of the opinion of the panel except that portion which remands to the district court for reconsideration of the motion of the parole officers for summary judgment.

In my opinion, under the decision of the Supreme Court in Harlow, Butz and Scheuer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974), the parole officers were entitled to qualified immunity as a matter of law and the district judge erred in not granting their motion for summary judgment. We should now enter the judgment which the district court should have entered and grant their motion for summary judgment and assess the costs against plaintiff-appellee. It is time that this prolonged litigation be brought to a close as it has no merit.

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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