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United States DC Circuit


Estate of Phillips v. Dist. of Columbia, 03-7060, 05-7013

In a civil rights action, denial of a former police chief's motion to dismiss based on qualified immunity is reversed where the district court erred in denying him qualified immunity because plaintiffs, firefighters injured and killed in a particular fire, did not allege the violation of a clearly established constitutional right.

Appellate Information

  • Argued 01/09/2006
  • Decided 08/01/2006
  • Published 08/01/2006

Judges

  • Before:  HENDERSON, ROGERS and BROWN, Circuit Judges.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Donna M. Murasky, Assistant Attorney General, for the District of Columbia, argued the cause for the appellant.  Robert J. Spagnoletti, Attorney General, and Edward E. Schwab, Deputy Attorney General, for the District of Columbia, were on brief.

  • For Appellees:
  • Ralph L. Lotkin argued the cause for the appellee.  Joel M. Abramson was on brief.
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