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United States Eleventh Circuit

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COTTONE v. JENNE, 02-14529

District court erred in failing to grant other defendants' Rule 12(b)(6) motions based on qualified immunity. Where prior case law gave fair and clear warning to other defendants that it was their duty to monitor and to supervise known violent inmates who posed a substantial risk of serious harm to other inmates, they are not entitled to qualified immunity.

Appellate Information

  • Decided 04/11/2003
  • Published 04/15/2003

Judges

  • HULL, Circuit Judge:, Before HULL, MARCUS and FARRIS , Circuit Judges.

Court

  • United States Eleventh Circuit

Counsel

  • For Appellees:
  • Christine M. Duignan, Michael Ross Piper, Johnson, Anselmo, Murdoch, Burke & George, P.A., Ft. Lauderdale, FL, for Defendants-Appellants., Barbara Ann Heyer, Heyer & Associates, P.A., Ft. Lauderdale, FL, for Plaintiffs-Appellees.

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