GAGER
v.
SEIDEL, DOING BUSINESS AS BOB SEIDEL'S RESTAURANT, ET AL.

U.S. | 1962-06-25
No. 1310
370 U.S. 959 Supreme Court of the United States (1962) Positive Treatment
Cited by 7 cases

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  • Carter v. Carlson, 447 F.2d 358 (D.C. Cir. 1971)
    …cer). Nevertheless, it appears that officers of the District, unlike federal officers, may lose their immunity when there are allegations of malice. Gager v. “Bob Seidel,” 112 U.S.App.D.C. 135, 139-140, 300 F. 2d 727, 731-732 (dictum), cert. denied, 370 U.S. 959, 82 S.Ct. 1612, 8 L.Ed.2d 825 (1962). In this case, of course, there are no allegations of malice on the part of the supervisory officers; and Officer Carlson, whose duties were ministerial, lacks immunity in any event. Consequently, any distinction…
  • …1980) (non-prevailing party had challenged the defendant at the trial court level to prove an admittedly dis-positive fact, and subsequent affidavits responded to that challenge); Gager v. “Bob Seidel, ” 300 F. 2d 727, 731 (D.C.Cir.), cert. denied, 370 U.S. 959, 82 S.Ct. 1612, 8 L.Ed.2d 825 (1962) (complaint put the scope of defendants’ immunity to suit precisely in issue). The suggestion that the court of appeals may indiscriminately “treat the matter as one involving a grant of summary judgment, regardle…
  • United States v. Tindle, 522 F.2d 689 (D.C. Cir. 1975)
    …he nature of an application under 28 U.S.C. § 2255. That is the rule which governs civil judgments generally. See 9 Moore’s Federal Practice H204.12(l) at 951; Gager v. "Bob Seidel”, 112 U.S.App.D.C. 135, 137-38, 300 F. 2d 727, 729-30, cert. denied, 370 U.S. 959, 82 S.Ct. 1612, 8 L.Ed.2d 825 (1962); compare United States v. Eilicott, 223 U.S. 524, 539, 32 S.Ct. 334, 56 L.Ed. 535 (1912); Piatek v. Government Services Inc., 111 U.S.App.D.C. 308, 309, 296 F. 2d 430, 431 (1961); Sobel v. Diatz, 88 U.S.App.D.C.…

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