Donaldson v. O'Connor
| Decision Date | 08 August 1975 |
| Docket Number | No. 73-1843,73-1843 |
| Citation | 519 F.2d 59 |
| Parties | Kenneth DONALDSON, Plaintiff-Appellee, v. J. B. O'CONNOR, M. D. and John Gumanis, M. D., Defendants-Appellants. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Before RIVES, WISDOM and MORGAN, Circuit Judges.
This cause is now before us on remand from the Supreme Court,--- U.S. ---, 95 S.Ct. 2486, 45 L.Ed.2d 396 "to enable (this) court to consider, in light of Wood v. Strickland, 1975, --- U.S. ---, 95 S.Ct. 992, 43 L.Ed.2d 214, whether the District Judge's failure to instruct with regard to the effect of O'Connor's claimed reliance on state law rendered inadequate the instructions as to O'Connor's liability for compensatory and punitive damages". In the light of Wood v. Strickland, we hold that the district court erred in denying an instruction concerning O'Connor's claimed reliance on state law as authorization for Donaldson's continued confinement. We now hold, as to both Doctors O'Connor and Gumanis, that the district court's instructions were insufficient in defining the scope of the qualified immunity possessed by state officials under 42 U.S.C. § 1983. Moreover, since the case was tried before the Supreme Court decided Wood v. Strickland, the interests of justice require that the plaintiff and both defendants, Dr. J. B. O'Connor and Dr. John Gumanis, have an opportunity to present evidence and to articulate their arguments on the issue of official immunity.
Accordingly, the judgment of the district court is reversed insofar as the defendants were held liable for monetary damages and the case is remanded for further proceedings, if any, consistent with the Supreme Court's opinions in Wood v. Strickland, 1975, --- U.S. ---, 95 S.Ct. 992, 43 L.Ed.2d 214 and O'Connor v. Donaldson, --- U.S. ---, 95 S.Ct. 2486, 45 L.Ed.2d 396 (decided June 26, 1975).
It is further ordered that the defendants recover from Kenneth Donaldson their costs herein expended.
To continue reading
Request your trial
-
Bertot v. School Dist. No. 1, Albany County, Wyo.
..."insufficient in defining the scope of the qualified immunity possessed by state officials under 42 U.S.C. § 1983." Donaldson v. O'Connor, 519 F.2d 59, 60 (5th Cir. 1975). In Donaldson, the jury had not found good faith on the part of the appellant, perhaps because of the insufficient defin......
-
Fletcher v. Union Pac. R. Co.
...v. O'Connor, 493 F.2d 507, 529 (5th Cir. 1974), vacated on other grounds, 422 U.S. 563, 95 S.Ct. 2486, 45 L.Ed.2d 396, on remand, 519 F.2d 59 (1975); Harper v. Union Savings Ass'n, 429 F.Supp. 1254, 1260 (N.D.Ohio 1977). An employee's right of action against his employer for personal injuri......
-
Guzman v. Western State Bank of Devils Lake
.... . . have an opportunity to present evidence and to articulate their arguments on the issue of official immunity.Donaldson v. O'Connor, 519 F.2d 59, 60 (5th Cir. 1975).4 In contrast to O'Connor, the trial court properly instructed the jury as to the defendants' right to rely upon North Dak......
-
Illinois Central Gulf R. Co. v. Boardman
...v. O'Connor, 493 F.2d 507, 529 (5th Cir.1974), vacated on other grounds, 422 U.S. 563, 95 S.Ct. 2486, 45 L.Ed.2d 396, on remand, 519 F.2d 59 (5th Cir.1975); Harper v. Union Savings Ass'n, 429 F.Supp. 1254, 1260 1977). An employee's right of action against his employer for personal injuries ......