TANG v. STATE OF R.I., DEPT. OF ELDERLY AFFAIRS

No. 96-2320.

120 F.3d 325 (1997)

Rhoda TANG, Plaintiff, Appellee, v. STATE OF RHODE ISLAND, DEPARTMENT OF ELDERLY AFFAIRS and Maureen Maigret and Susan Sweet, in their individual and official capacities, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided August 11, 1997.


Attorney(s) appearing for the Case

Rebecca Tedford Partington, Assistant Attorney General, Providence, RI, with whom Jeffrey B. Pine, Attorney General, was on brief, for appellants.

Dennis J. Roberts II, Providence, RI, with whom Law Offices of Dennis J. Roberts II was on brief, for appellee.

Before TORRUELLA, Chief Judge, CYR, Senior Circuit Judge, and BOUDIN, Circuit Judge.


BOUDIN, Circuit Judge.

In the district court, Maureen Maigret and Susan Sweet moved for summary judgment, arguing that Rhoda Tang's claim against them under 42 U.S.C. § 1983 was barred by qualified immunity. The district court held that factual disputes precluded summary judgment on this issue, and Maigret and Sweet have taken an interlocutory appeal to this court. Under governing Supreme Court precedent, we are obliged to dismiss the appeal on procedural grounds...

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