Elder v. Holloway
Cases that cite this one
2 later published cases cite this decision.
- Elder v. Holloway (United States District Court for the District of Idaho 1995)
- Elder v. Holloway (9th Cir. 1994)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The mandate of the Supreme Court having issued in Elder v. Holloway, — U.S.-, 114 S.Ct. 1019, 127 L.Ed.2d 344 (1994), we vacate the judgment of the district court, 751 F.Supp. 858 (D.Idaho 1990), and remand for reconsideration of the qualified immunity issue in light of United States v. Al-Azzawy, 784 F.2d 890 (9th Cir. 1985), cert. denied, 476 U.S. 1144, 106 S.Ct. 2255, 90 L.Ed.2d 700 (1986), and all other relevant authority. Like the Supreme Court, we express no view as to whether Al-Azzawy'& holding with respect to exigent circumstances, id. at 894, entitles defendants to qualified immunity. See Elder, — U.S. at-, 114 S.Ct. at 1023.
VACATED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.