Opinion

Jewellean S. Mangaroo v. Ivory v. Nelson

  • 864 F.2d 1202
  • 1989 U.S. App. LEXIS 2167
  • 1989 WL 3535
Court
Court of Appeals for the Fifth Circuit
Filed
Feb 8, 1989
Status
Published
On the bench
Politz, King, Smith
Cited by
51 cases

stating that we may affirm on any basis supported by the record

How later courts described this case

  • stating that we may affirm on any basis supported by the record
  • stating that the court may affirm for any grounds in the record, "even if those grounds were rejected by the trial court”
  • "The defendants do not, and indeed reasonably cannot, challenge the district court's finding that, because she was demoted without a prior hearing, Mangaroo was denied due process."
  • noting qualified immunity does not apply to official-capacity claims

Written by the judges who cited it.

The opinion

ON PETITION FOR REHEARING

PER CURIAM:

The plaintiff has filed a petition for rehearing solely to seek a clarification on the issue of attorneys’ fees on appeal. We grant rehearing to explain that our determination that each party shall bear its own costs is without prejudice to plaintiffs application, on remand, for attorneys’ fees for this appeal, as to which fees we intimate no opinion. In all other respects, rehearing is denied.

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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