[DOWNLOAD] "Barnes v. Wright" by United States Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Barnes v. Wright
- Author : United States Court of Appeals
- Release Date : January 02, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Defendants-Appellants appeal the district courts denial of their motion to dismiss or for summary judgment as to whether they are entitled to absolute or qualified immunity. Conservation officers had a dispute with Wilbur Barnes ("Barnes"), in which Barnes criticized them for failing adequately to perform their duties; Barnes removed a gun from his pocket, prompting one of the officers also to pull out his gun. The officers initiated and testified in grand jury proceedings against Barnes, who was later convicted in state court of three counts of second-degree wanton endangerment for pointing a gun at one of the officers. Barnes filed a complaint in federal district court, alleging that the officers maliciously prosecuted him and retaliated against him in violation of the First Amendment. The officers argue that they are entitled to absolute immunity, or, in the alternative, to qualified immunity. For the reasons discussed below, we REVERSE the district courts denial of qualified immunity to the officers.