Legal Opinion
James Oliver McAlester Et Ux. v. David H. Brown
Court of Appeals for the Fifth Circuit
Decided December 5, 1972No. 72-2480PublishedCited by 94 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
This is an appeal from the granting of a motion to dismiss an action brought by plaintiffs-appellants, James Oliver McAlester and Ollie Mae McAlester, against defendant-appellee, Texas District Judge David H. Brown. The dis-positive issue is whether on the instant allegations a suit brought under 42 U.S. C. § 1983 is barred by the doctrine of judicial immunity as enunciated in Pierson v. Ray, 1967, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288. The court below dismissed the action when it ruled (1) that at the time the operative facts occurred, Judge Brown was acting…
2Cases cited7 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Pierson v. RaySupreme Court of the United States · 1967
- Bradley v. FisherSupreme Court of the United States · 1872
- Tenney v. BrandhoveSupreme Court of the United States · 1951
- Hurn v. OurslerSupreme Court of the United States · 1933
2 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Stump v. SparkmanSupreme Court of the United States · 1978
- Kenneth O. Ashelman v. Hon. Gary Pope, Judge Division I, Mohave County Superior Court Mohave County Attorney's OfficeCourt of Appeals for the Ninth Circuit · 1986
- Malina v. GonzalesCourt of Appeals for the Fifth Circuit · 1993
- Beoties Emory v. Clarence Peeler, Individually and in His Official Capacity as Superior Court Judge, Stone Mountain Judicial CircuitCourt of Appeals for the Eleventh Circuit · 1985
- Douglas Gregory v. John J. ThompsonCourt of Appeals for the Ninth Circuit · 1974
89 more not listed; retrieve them via the Exa API.