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Verdicts

By ALM Staff | Law Journal Newsletters |
September 28, 2011

Qualified Immunity Cannot Be Established Through a Battle of Experts

A doctor who treated a prisoner who died while incarcerated was not entitled to summary judgment based on qualified federal immunity because the fact that the parties' experts differed as to the common knowledge of psychiatrists meant the defendant could not definitively show at the pre-trail stage that his conduct did not violate the prisoner's constitutional rights. Quigley v. Thai, 2011 U.S. Dist. LEXIS 80714 (E.D. Mich. 7/25/11).

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