McLIN v. TRIMBLE

No. 73237.

795 P.2d 1035 (1990)

Bart McLIN and Michael O. Vinson, Petitioners, v. The Honorable Preston TRIMBLE, District Judge of the 21st Judicial District and J.C. Stewart, Respondents.

Supreme Court of Oklahoma.

June 19, 1990.


Attorney(s) appearing for the Case

Robert H. Henry, Atty. Gen., Robert A. Nance and Timothy S. Gilpin, Asst. Attys. Gen., Oklahoma City, for petitioners.

Lee Cate, Norman, for respondents.


SUMMERS, Justice.

I.

The first question is whether two Corrections Department employees named as defendants in an inmate's civil rights case may have rejection of their "qualified immunity" defense reviewed in this court prior to trial. The second is whether that defense insulates them from having to defend a suit for damages. We answer both questions in the affirmative.

The plaintiff, J.C. Stewart, brought...

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