Babb v. Lake City Community College

Decision Date05 October 1995
Docket NumberNo. 94-2841,94-2841
Citation66 F.3d 270
Parties103 Ed. Law Rep. 614 Terry A. BABB, William Donald Holt, William Jacobs, Plaintiffs, W. Michael Wright, Plaintiff-Appellee-Cross-Appellant, United Faculty of Florida, Robert K. Sundman, Intervenor-Plaintiffs, v. LAKE CITY COMMUNITY COLLEGE, Jean Dowling, in her individual capacity as Former Member of the District Board of Trustees of Lake City Community College; Luther Harrell, individually and in his official capacity as Member of the District Board of Trustees of Lake City Community College; Thomas Riherd, in his individual capacity as Former Member of the District Board of Trustees of Lake City Community College; Norman Stephenson, individually and in his official capacity as Member of the District Board of Trustees of Lake City Community College; Thomas Varnes, individually and in his official capacity as Member of the District Board of Trustees of Lake City Community College; Louis Williams, individually and in his official capacity as Member of the District Board of Trustees of Lake City Community College; Karen Belcher Masingil, Associate Vice President of Business Services of Lake City Community College, individually and in her official capacity; Homer Masingil, Vice President of Business Services of Lake City Community College, individually and in his official capacity; Carolyn Boyd, former Director of Personnel of Lake City Community College individually; Dave Pelham, Division Chairperson Arts and Science of Lake City Community College; individually and in his official capacity; Sandra G. Fisher, Division Chairperson, Business/Industrial Education of Lake City Community College, individually and in her official capacity; William R. Thrift, Division Chairperson of Criminal Justice of Lake City Community College; individually and in his official capacity; Muriel Kay Heimer, Dr., President of Lake City Community College, individually and in her official capacity; Eugene Street, Dr., Former Vice President for Instruction of Lake City Community College, individ
CourtU.S. Court of Appeals — Eleventh Circuit

George N. Meros, Jr., Mary W. Chaisson, Rumberger, Kirk & Caldwell, Tallahassee, FL, Michael Mattimore, Hogg, Allen, Norton & Blue, Tallahassee, FL, for Lake City Community College.

Wm. J. Sheppard, D. Gray Thomas, Sheppard and White, Jacksonville, FL, for W. Michael Wright.

Appeals from the United States District Court for the Middle District of Florida.

Before KRAVITCH, Circuit Judge, HILL, Senior Circuit Judge, and ALAIMO *, Senior District Judge.

PER CURIAM:

This is an appeal of the denial of defendants' motion for summary judgment on the grounds of qualified immunity. We exercise jurisdiction...

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2 cases
  • Riley v. Camp
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • December 8, 1997
    ...no 'final decision' and no interlocutory appellate jurisdiction under Mitchell to review the denial." Babb v. Lake City Community College, 66 F.3d 270, 272 (11th Cir.1995)(per curiam) (citing Johnson at 312-14, 115 S.Ct. at 2156). Thus, today if we were faced with the appeal that we heard i......
  • Cottrell v. Caldwell
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • June 3, 1996
    ...and brackets omitted). The contrary holdings in Mastroianni v. Bowers, 74 F.3d 236, 238 (11th Cir.1996), and Babb v. Lake City Community College, 66 F.3d 270, 272 (11th Cir.1995), preceded Behrens and cannot be reconciled with it. Where prior panel precedent conflicts with a subsequent Supr......
2 books & journal articles
  • Constitutional Civil Law - Albert Sidney Johnson
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 48-4, June 1997
    • Invalid date
    ...Haney v. City of Cumming, 69 F.3d 1098 (11th Cir. 1995), cert, denied, 116 S. Ct. 1826 (1996); Babb v. Lake City Community College, 66 F.3d 270 (11th Cir. 1995); and Ratliff v. DeKalb County, 62 F.3d 338 (11th Cir. 1995). 46. 74 F.3d 236 (11th Cir. 1996) (growing out of the same investigati......
  • Constitutional Civil Law - Albert Sidney Johnson
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 47-3, March 1996
    • Invalid date
    ...F.3d 950 (11th Cir. 1995). 101. 59 F.3d 1203 (11th Cir. 1995). 102. 62 F.3d 338 (11th Cir. 1995). 103. 64 F.3d 598 (11th Cir. 1995). 104. 66 F.3d 270 (11th Cir. 1995). 105. 68 F.3d 1309 (11th Cir. 1995). 106. 69 F.3d 1098 (11th Cir. 1995). 107. 70 F.3d 92 (11th Cir. 1995). 108. 115 S. Ct. a......

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