GREEN v. BRANTLEY

No. 89-8150.

941 F.2d 1146 (1991)

John E. GREEN, Plaintiff-Appellee, v. J. Kenneth BRANTLEY, Edgar V. Lewis, Craig R. Smith, Garland P. Castleberry, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 12, 1991.


Attorney(s) appearing for the Case

James R. Schulz, Asst. U.S. Atty., Atlanta, Ga., Barbara L. Herwig, Wendy M. Keats, Robert Kopp, Supv. Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., for defendants-appellants.

Gerald Cunningham, Office of Gerald Cunningham, Atlanta, Ga., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH and DUBINA, Circuit Judges.


EDMONDSON, Circuit Judge:

In this civil rights case, we decide whether we have jurisdiction to hear an interlocutory appeal from a denial of summary judgment on the ground of qualified immunity when the defendant must still face trial on another claim arising from the same occurrence. Defendants appeal the denial of summary judgment on one of two civil rights damage claims asserted against them but concede that the remaining claim must go to trial. A panel of this...

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