Legal Opinion
Gegenheimer v. Galan
Court of Appeals for the Fifth Circuit
Decided January 9, 1991No. 90-3109PublishedCited by 18 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
In Louisiana, the Clerk of Court is elected pursuant to specific constitutional and statutory provisions. A successor clerk of court appeals the judgment of the district court holding his predecessor liable under 42 U.S.C. § 1983 for an intentional tort committed not merely in his individual but in his “official capacity.” Concluding that the liability is that of the office, we affirm the judgment imposing liability upon the successor in his official capacity.
I
Larry and Sheila Gegenheimer were deputy clerks in the office of the Clerk of Court for Jefferson…
2Cases cited15 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Kentucky v. GrahamSupreme Court of the United States · 1985
- Brandon v. HoltSupreme Court of the United States · 1985
- Briggs v. Pennsylvania RailroadSupreme Court of the United States · 1948
- Transit Casualty Company, Etc. v. Security Trust Company, Etc.Court of Appeals for the Fifth Circuit · 1971
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Cede & Co. v. Technicolor, Inc.Supreme Court of Delaware · 2005
- Berwick Grain Company, Inc., and David McCrery Jr. v. Illinois Department of Agriculture, Rebecca Doyle, Thomas E. JenningsCourt of Appeals for the Seventh Circuit · 1999
- Willie Albert Smith v. Eddie Lucas, Commissioner, Mississippi Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1993
- Insurance Corp. of America v. BarkerSupreme Court of Delaware · 1993
- JEFFERSON PARISH CLERK OF COURT HEALTH INSURANCE TRUST FUND EX. REL. MOULEDOUX v. Fidelity & Deposit Co.Louisiana Court of Appeal · 1996
13 more not listed; retrieve them via the Exa API.