WYATT v. COLE

No. 91-126.

504 U.S. 158 (1992)

WYATT v. COLE et al.

United States Supreme Court.

Decided May 18, 1992.


Attorney(s) appearing for the Case

Jim Waide argued the cause for petitioner. With him on the briefs were Douglas M. Magee and Alan B. Morrison.

Joseph Leray McNamara argued the cause and filed a brief for respondents.

O'Connor, J., delivered the opinion of the Court, in which White, Blackmun, Stevens, Scalia, and Kennedy, JJ., joined. Kennedy, J., filed a concurring opinion, in which Scalia, J., joined, p. 169. Rehnquist, C. J., filed a dissenting opinion, in which Souter and Thomas, JJ., joined, p. 175.


Justice O'Connor, delivered the opinion of the Court.

In Lugar v. Edmondson Oil Co., 457 U.S. 922 (1982), we left open the question whether private defendants charged with 42 U. S. C. § 1983 liability for invoking state replevin, garnishment, and attachment statutes later declared unconstitutional are entitled to qualified immunity from suit. 457 U. S., at 942, n. 23. We now hold that they are not.

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