(Download) "Lundblad v. Celeste" by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Lundblad v. Celeste
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 31, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The Court, having granted rehearing and sitting en banc, has reconsidered and now modifies Part II A of the opinion heretofore published in this case, Lundblad v. Celeste, 874 F.2d 1097, 1100-01 (1989). In that Part of the opinion, the panel decision held that the defendant public officials were not entitled to a qualified immunity from damages under Harlow v. Fitzgerald, 457 U.S. 800, 73 L. Ed. 2d 396, 102 S. Ct. 2727(1982), insofar as the complaint alleged that the defendants deprived plaintiff of equal protection by causing the State of Ohio on partisan political grounds to refuse to award plaintiff a bid to operate a golf course at a state park. We now hold that under the doctrine of qualified immunity the defendant officials are shielded from the payment of civil damages on plaintiffs equal protection claim. We therefore reinstate the opinion heretofore filed, except for Part II A which we vacate and Part V which we modify by reversing the District Courts judgment on the plaintiffs equal protection claim.