Legal Opinion
J.D. Franks and Margaret Franks v. Van Smith
Court of Appeals for the Fifth Circuit
Decided December 12, 1983No. 82-4572PublishedCited by 3 opinions
1Opinion of the Court
ON PETITION FOR REHEARING
2Per curiam
J.D. and Margaret Franks, appellants, petition this court for rehearing, asking that it modify its previous holding in their section 1983 suit that their fourteenth amendment claim is essentially one for custody of a child and thus beyond the jurisdiction of federal courts. See Franks v. Smith, 717 F.2d 183 (5th Cir.1983). They argue that even though this court may have acted properly in dismissing their request for in-junctive relief, they are entitled to a hearing on their fourteenth amendment claim for damages.
According to the facts set forth in our previous…
3Cases cited8 opinions
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Armstrong v. ManzoSupreme Court of the United States · 1965
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Smith v. Organization of Foster Families for Equality & ReformSupreme Court of the United States · 1977
- Rodgers v. RodgersMississippi Supreme Court · 1973
3 more not listed; retrieve them via the Exa API.
4Cited by3 opinions
- Wooley v. City of Baton RougeCourt of Appeals for the Fifth Circuit · 2000
- Bissell v. MataDistrict Court, W.D. Texas · 2025
- Wooley v. City Of Baton RougeCourt of Appeals for the Fifth Circuit · 2000