Legal Opinion
Orozco v. Day
Montana Supreme Court
Decided March 10, 1997No. 96-344PublishedCited by 34 opinions
1Opinion of the CourtJustice Gray
Daniel Orozco (Orozco), appearing pro se, appeals from the opinion and order of the Third Judicial District Court, Powell County, dismissing his complaint for failure to state a claim upon which relief could be granted. We affirm in part, reverse in part and remand for further proceedings consistent with this opinion.
We restate the issues on appeal as follows:
1. Did the District Court err in concluding that the Department of Corrections and the individual defendants are not “persons” under 42 U.S.C. § 1983?
2. Did the District Court err in concluding that the individual defendants have…
2Cases cited19 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Wolff v. McDonnellSupreme Court of the United States · 1974
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3Cited by34 opinions
- Ridley v. Guaranty National InsuranceMontana Supreme Court · 1997
- Sanford v. ManternachSupreme Court of Iowa · 1999
- Grimsrud v. HagelMontana Supreme Court · 2005
- Dorwart v. CarawayMontana Supreme Court · 1998
- McDermott v. MONTANA DEPARTMENT OF CORRECTIONSMontana Supreme Court · 2001
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