[DOWNLOAD] "Wegener v. City of Covington And Joseph Condit" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Wegener v. City of Covington And Joseph Condit
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 16, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Appellee, the owner and operator of a night-club in the City of Covington, filed suit against appellants McClure and Penick, the Covington fire captain and police lieutenant respectively, alleging that when appellants forced him to choose between closing his club or being arrested for violations of the fire code they were acting as part of a conspiracy to deprive, and did actually deprive, him of his right to operate a lawful business without due process of law in violation of 42 U.S.C. § 1983. The issue before us in this interlocutory appeal is whether the district court properly denied appellants motion for summary judgment on the basis of qualified immunity. Because we conclude that the district court failed to properly address the issue of qualified immunity, we REVERSE and REMAND for further findings.
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