EDDY v. VIRGIN ISLANDS WATER AND POWER AUTH.

No. 99-3849.

256 F.3d 204 (2001)

Gabrielle EDDY, v. VIRGIN ISLANDS WATER AND POWER AUTHORITY; James Brown; John Doe I; John Doe II; John Doe III; John Doe IV, Virgin Islands Water and Power Authority; James Brown; Randolph Harley, Appellants.

United States Court of Appeals, Third Circuit.

Filed July 10, 2001.


Attorney(s) appearing for the Case

Samuel H. Hall, Jr., (argued), Marie E. Thomas, Birch de Jongh Hindels & Hall, Poinsettia House at Bluebeard's Castle, St. Thomas, V.I., Counsel for Appellant.

James M. Derr, (argued), St. Thomas, V.I., Counsel for Appellees.

Before MANSMANN, ALITO, Circuit Judges, and ACKERMAN, Senior District Judge.


OPINION OF THE COURT

ALITO, Circuit Judge:

This is an appeal from a District Court order denying a motion for summary judgment by the defendants in an action asserting a constitutional tort claim. The defendants raised the defense of qualified immunity, but the District Court rejected that defense, primarily on the ground that it had been waived because it was not asserted until summary judgment. We reverse in part...

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