IN RE BALAWAJDER; AND IN RE REID

U.S. | 1989-05-30
Nos. 88-6989; No. 88-7012
490 U.S. 1089 Supreme Court of the United States (1989) Positive Treatment
Cited by 2 cases

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  • Burns v. Cnty. OF Cambria, 971 F.2d 1015 (3d Cir. 1992)
    …ity is also an appealable collateral order when the plaintiff states a claim not only for damages but also for injunctive relief. Id. at 519 n. 5, 105 S.Ct. at 2812 n. 5. In Prisco v. U.S. Dept. of Justice, 851 F. 2d 93 (3d Cir.1988), cert. denied, 490 U.S. 1089, 109 S.Ct. 2428, 104 L.Ed.2d 985 (1989), this court held that because qualified immunity does not apply to claims for prospective relief, the denial of a motion for summary judgment based on qualified immunity was not appealable as an interlocutory…
  • Enlow v. Tishomingo Cnty., 962 F.2d 501 (5th Cir. 1992)
    …o discovery had occurred prior to the first summary judgment motion. The appellees do not refute this contention. . They cite primarily Prisco v. United States Department of Justice, 851 F. 2d 93, 96 (3rd Cir.1988) (footnote omitted), cert. denied, 490 U.S. 1089, 109 S.Ct. 2428, 104 L.Ed.2d 985 (1989), which held that “in an action in which claims for prospective [injunctive and declaratory] relief remain pending, a party against whom they remain pending may not appeal from the denial of a motion for summar…

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