Bothke v. Fluor Engineers and Constructors, Inc.
| Decision Date | 03 August 1984 |
| Docket Number | No. 81-5457,81-5457 |
| Citation | 739 F.2d 484 |
| Parties | 84-2 USTC P 9724 Hans BOTHKE, Plaintiff-Appellant, v. FLUOR ENGINEERS AND CONSTRUCTORS, INC., et al., Defendants, and W.J. Terry, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Hans Bothke, in pro. per.
Jonathan S. Cohen, John Dudeck, Jr., Washington, D.C., for defendant-appellee.
Before WRIGHT, KENNEDY, and BOOCHEVER, Circuit Judges.
Following our opinion in Bothke v. Fluor Engineers, et al. and W.J. Terry, 713 F.2d 1405, certiorari was granted by the Supreme Court, --- U.S. ----, 104 S.Ct. 3566, 82 L.Ed.2d 867. On July 2, 1984, that Court vacated the judgment and remanded to this court for further consideration in light of Davis v. Scherer, 468 U.S. ----, 104 S.Ct. 3012, 82 L.Ed.2d 139 (1984).
The cause is now remanded to the district court for the purpose of determining whether Terry is qualifiedly immune in accordance with the standards set forth in Davis v. Scherer.
Unless plaintiff-appellant Bothke can meet the burden of showing a violation of constitutional rights that were clearly established at the time of the conduct at issue, the district court will enter a judgment of dismissal.
To continue reading
Request your trial
-
Bothke v. Fluor Engineers & Constructors, Inc., 85-6361
...a violation of constitutional rights that were clearly established at the time of the conduct at issue." Bothke v. Fluor Engineers & Constructors, Inc., 739 F.2d 484 (1984) (Bothke II ). 3. On Remand to the District On remand, the district court appointed a magistrate who heard testimony an......
-
Elder v. Holloway
...the time of the incident since Davis v. Scherer, 468 U.S. 183, 104 S.Ct. 3012, 82 L.Ed.2d 139 (1984), and Bothke v. Fluor Eng'rs and Constructors, Inc., 739 F.2d 484 (9th Cir.1984), following Davis in this circuit. In Davis, the Supreme Court held that "[a] plaintiff who seeks damages for v......
-
Hollett v. Browning
... ... Baddour, Inc. v. United States, 802 F.2d 801, 807-809 (5th Cir. 1986); ... In the last of the opinions in Bothke v. Fluor Engineers and Constructors, Inc., 713 F.2d 1405 ... ...
-
US v. Toyota of Visalia
... ... and denies summary judgment for Toyota of Visalia, Inc. (hereinafter referred to as Toyota) for the reasons set ... Citing Bothke v. Fluor Engineers and Constructors, Inc., 713 F.2d 1405, ... ...