ENG v. COUGHLIN

Nos. 983, 948, Dockets 87-2391, 87-2415.

858 F.2d 889 (1988)

George ENG, Plaintiff-Appellee v. Thomas A. COUGHLIN, III, Charles J. Scully, Stephen Adler, Charles Hernandez and Donald Selsky, Defendants, Charles J. Scully and Stephen Adler, Defendants-Appellants. George ENG, Plaintiff-Appellant, v. Nathaniel MILLIGAN, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 4, 1988.


Attorney(s) appearing for the Case

Ellen H. Woodbury, New York City (Cahill Gordon & Reindel, New York City, of counsel), for plaintiff-appellee.

Charles R. Fraser, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., Lawrence S. Kahn, Deputy Sol. Gen., New York City, of counsel), for defendants-appellants.

Before KAUFMAN, CARDAMONE and PIERCE, Circuit Judges.


CARDAMONE, Circuit Judge:

On this appeal we direct attention to the role of the qualified immunity and Eleventh Amendment defenses as they relate to an interlocutory appeal brought by state prison officials from a denial of their motion for summary judgment. Neither of these defenses were addressed by the district court. Of course, the essence of such defenses is a claimed right not to have to stand trial. When raised, therefore...

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