Legal Opinion

Collin County v. Homeowners Ass'n for Values Essential to Neighborhoods (HAVEN)

District Court, N.D. Texas

Decided January 30, 1987No. Civ. A. CA3-84-0376-DPublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

On motion to dismiss the court must decide whether the County Judge and County Commissioners of Collin County, Texas enjoy absolute immunity from suit, whether counterplaintiff has stated a civil rights claim against them, and, if counter-defendants are immune or counterplaintiff has failed to state a claim, whether the court should dismiss this civil action or permit counterplaintiff to replead. The court concludes that counterdefendants are immune, that the counterclaim fails to state a claim, and that counterplaintiff should be given…

2Cases cited37 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Mitchell v. ForsythSupreme Court of the United States · 1985
  5. Griffin v. BreckenridgeSupreme Court of the United States · 1971

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3Cited by11 opinions

  1. Camacho v. Samaniego, Texas Court of Appeals, 8th District (El Paso)1997
  2. Royal Bank of Canada v. Federal Deposit Ins. Corp.District Court, N.D. Texas · 1990
  3. Brown v. StateDistrict Court, N.D. New York · 2013
  4. Merrill v. CarpenterCourt of Appeals of Texas · 1993
  5. Spear v. Town of West HartfordDistrict Court, D. Connecticut · 1991

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