ENGLISH v. DYKE

No. 93-1531.

23 F.3d 1086 (1994)

John ENGLISH, Plaintiff-Appellee, v. Dennis DYKE; Terry Pitcher; Pamela Withrow; and Linda Flanagan, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided May 13, 1994.


Attorney(s) appearing for the Case

Daniel E. Manville (argued and briefed), Detroit, MI, for plaintiff-appellee.

Linda M. Olivieri (argued and briefed), Office of the Atty. Gen., Corrections Div., Lansing, MI, for defendants-appellants.

Before: KENNEDY and NELSON, Circuit Judges; and LIVELY, Senior Circuit Judge.


KENNEDY, Circuit Judge.

Defendants, prison officials at the Michigan Reformatory, appeal the District Court's order denying their post-answer motion to dismiss or for summary judgment based on qualified immunity. The District Court held that defendants waived their qualified immunity defense by failing to raise it in their pre-answer motion to dismiss or for summary judgment. Defendants argue on appeal that (1) the District Court erred in treating defendants' post...

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