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VAUGHN v. U.S. SMALL BUSINESS ADMIN.

65 F.3d 1322 (1995)

Jerry L. VAUGHN, Plaintiff-Appellee, v. UNITED STATES SMALL BUSINESS ADMINISTRATION, et al., Defendants, John Whitmore, individually and in his capacity as Acting Associate Administrator of the Office of Minority Small Business & Capital Ownership Development, SBA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 21, 1995.

Attorney(s) appearing for the Case

Mary L. Wolff (briefed), Daniel K. Evans, Wolff Ardis, Memphis, TN, Daniel F. Goldstein (argued), Karen R. Johnson, Brown, Goldstein & Levy, Baltimore, MD, for plaintiff-appellee.

Sidney P. Alexander, Asst. U.S. Attorney, Daniel A. Clancy, U.S. Attorney, Office of the U.S. Attorney, Memphis, TN, Eric S. Benderson, Cheri Cannon Wolff, U.S. Small Business Administration, Office of General Counsel, Washington, DC, Barbara L. Herwig, John C. Hoyle (argued and briefed), U.S. Department of Justice, Appellate Staff, Civil Division, Washington, DC, for defendant-appellant.

Before: ENGEL, JONES, and SUHRHEINRICH, Circuit Judges.

ENGEL, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. JONES, J. (pp. 1330-31), delivered a separate dissenting opinion.

ENGEL, Circuit Judge.

The question in this appeal is whether defendant-appellant John Whitmore, an official of the United States Small Business Administration (SBA), is entitled to qualified immunity in a suit arising out of the SBA's denial of certain benefits to plaintiff Jerry Vaughn. Vaughn, a blind white male...

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