LEVENSTEIN v. SALAFSKY

No. 97-1902.

164 F.3d 345 (1998)

Joseph H. LEVENSTEIN, Plaintiff-Appellee, v. Bernard SALAFSKY, Patricia A. Gill, and David C. Broski, in their individual capacities, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided December 16, 1998.


Attorney(s) appearing for the Case

Richard R. Winter, Sarah E. Pace (argued), McBride, Baker & Coles, Chicago, IL, for Plaintiff-Appellee.

D. Scott Watson, Keck, Mahin & Cate, Chicago, IL, Carla J. Rozycki (argued), Jenner & Block, Chicago, IL, for Defendants-Appellants.

Before CUMMINGS, ROVNER, and DIANE P. WOOD, Circuit Judges.


DIANE P. WOOD, Circuit Judge.

Although it is often possible to resolve a public official's claim of qualified immunity as a matter of law, by taking the facts in the light most favorable to the party opposing that claim, in a small number of cases the existence of disputed facts requires further proceedings in the district court. Confronted with such a case, a district judge naturally denies the official's motion to dismiss, or motion for summary judgment, based upon...

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