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Davis Vs. Scherer

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  • US Supreme Court
  • Jun 28, 1984

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63 entries 15 linked 48 unlinked
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  1. Butz Vs. Economou US Supreme Court · Jun 29, 1978
  2. Harlow Vs. Fitzgerald US Supreme Court · Jun 24, 1982
  3. Scheuer Vs. Rhodes US Supreme Court · Apr 17, 1974
  4. Arnett Vs. Kennedy US Supreme Court · Apr 16, 1974
  5. Bishop Vs. Wood US Supreme Court · Jun 10, 1976
  6. Codd Vs. Velger US Supreme Court · Feb 22, 1977
  7. Grannis Vs. Ordean US Supreme Court · Jun 08, 1914
  8. Wieman Vs. Updegraff US Supreme Court · Dec 15, 1952
  9. Boddie Vs. Connecticut US Supreme Court · Mar 02, 1971
  10. Bell Vs. Burson US Supreme Court · May 24, 1971
  11. Phillips Vs. Commissioner US Supreme Court · May 25, 1931
  12. Procunier Vs. Navarette US Supreme Court · Feb 22, 1978
  13. Perry Vs. Sindermann US Supreme Court · Jun 29, 1972
  14. Maine Vs. Thiboutot US Supreme Court · Jun 25, 1980
  15. Central Union Trust Co. Vs. Garvan US Supreme Court · Jan 24, 1921
  16. U.S. 183 (1984) U.S. Supreme Court Davis v. Scherer
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  17. U.S. 183 (1984) Davis v. Scherer
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  18. reference to clearly established law. No other circumstances are relevant to the issue of qualified immunity. Harlow v. Fitzgerald
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  19. Five days after entry of the District Court's order, the Court of Appeals for the Fifth Circuit decided Weisbrod v. Donigan
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  20. test of Scheuer v. Rhodes
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  21. Id. at 21. The Court of Appeals affirmed on the basis of the District Court's opinion. Scherer v. Graham
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  22. determining when an official may assert the qualified immunity defense has been clarified by recent cases, see Wood v. Strickland
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  23. The District Court's analysis of appellants' qualified immunity, written before our decision in Harlow v. Fitzgerald
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  24. surrounding appellee's separation from his job. This Court applied that standard in Scheuer v. Rhodes
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  25. U.S. at 416 U. S. 247 -248. As subsequent cases recognized, Wood v. Strickland
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  26. official's conduct in light of the governing law, and an inquiry into the official's subjective state of mind. Harlow v. Fitzgerald
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  27. at the time of the conduct in question. As the District Court recognized in rejecting appellee's contention, Weisbrod v. Donigan
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  28. And appellee also recognizes that Harlow v. Fitzgerald
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  29. Procunier v. Navarette
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  30. their conduct may give rise to liability for damages and only if unjustified lawsuits are quickly terminated. See Butz v. Economou
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  31. The District Court relied in part on the reasoning of Williams v. Treen
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  32. current state statute was never applied to appellee, he lacks standing to question its constitutionality. Cf. Golden v. Zwickler
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  33. Cf. Flournoy v. Wiener
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  34. Leroy v. Great
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  35. Board of Regents v. Roth
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  36. the competing interests -- of the employee and the State -- implicated in the official decision at issue. See Mathews v. Eldridge
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  37. As the Court had considered circumstances in which no hearing at all had been provided prior to termination, Perry v. Sindermann
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  38. U. S. 593 (1972), or in which the requirements of due process were met, Board of Regents v. Roth
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  39. when the property interests protected by the Fourteenth Amendment are created by state law. See Board of Regents v. Roth
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  40. suits, see, e.g., Maine v. Thiboutot
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  41. and in suits against federal officers under Bivens v. Six
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  42. Unknown Federal Narcotics Agents, 403 U. S. 388 (1971). See Butz v. Economou
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  43. and that authority remains discretionary however egregiously it is abused. Cf. Kendall v. Stokes
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  44. JUSTICE MARSHALL, JUSTICE BLACKMUN, and JUSTICE STEVENS join, concurring in part and dissenting in part. In Harlow v. Fitzgerald
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  45. Connally Page 468 U. S. 201 v. General
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  46. public employees have interests in maintaining their jobs that cannot be abridged without due process. E.g., Slochower v. Board
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  47. Board of Regents v. Roth
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  48. interest need not not be preceded by opportunity for some kind of hearing, see, e.g., Central Union Trust Co. v. Garvan
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  49. Ewing v. Mytinger
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  50. U.S. Supreme Court Davis v. Scherer
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