Legal Opinion
Beker Phosphate Corp. v. Muirhead
Court of Appeals for the Fifth Circuit
Decided October 13, 1978No. 76-4046PublishedCited by 29 opinions
1Per curiam
We must decide whether an allegation of the systematic misuse of legal procedure,1 based on an unsuccessful state administrative appeal and an unsuccessful state judicial review of a state development of regional impact, is a federally cognizable cause of action under Title 42, United States Code, Section 1983. Since we conclude that the allegation here does not establish a wrong for which Section 1983 provides a remedy, we affirm.
I
The facts are not in dispute, and we need not detail all that has happened in order to decide the issue which controls this appeal. Plaintiffs-Appellants, Beker…
2Cases cited28 opinions
- Monroe v. PapeSupreme Court of the United States · 1961
- Paul v. DavisSupreme Court of the United States · 1976
- Robert C. Hahn v. Francis W. SargentCourt of Appeals for the First Circuit · 1975
- Burnet v. Coronado Oil & Gas Co.Supreme Court of the United States · 1932
- United States v. Cecil Dwayne Evans, Arnold Gene Tate, and Charles Edward Gent, Jr.Court of Appeals for the Fifth Circuit · 1978
23 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Harvey v. HarveyCourt of Appeals for the Eleventh Circuit · 1992
- Kenneth R. Cate, Esquire, and Maher, Overchuck, Langa & Cate, a Florida Association v. Gordon G. Oldham, Jr., and State of FloridaCourt of Appeals for the Eleventh Circuit · 1983
- Jay Brummett v. Jimmy Camble, Jim Boles, Doug Sanders, Dan Boulware, John R. MacLean First State Bank of Cleburne, Texas, and Johnson County, TexasCourt of Appeals for the First Circuit · 1991
- D.C. Wheeler and John Thedford Sims v. Cosden Oil and Chemical Co.Court of Appeals for the Fifth Circuit · 1984
- Cloutier v. Town of EppingCourt of Appeals for the First Circuit · 1983
24 more not listed; retrieve them via the Exa API.