Legal Opinion
Mallas v. Kolak
District Court, M.D. North Carolina
Decided September 13, 1989No. 1:08-m-00001PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION
ERWIN, Chief Judge.
This matter is before the court upon the Government’s motion to dismiss the complaint for lack of jurisdiction and failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b). Oral argument was heard by the court on May 25, 1989.
Plaintiffs concede that: (1) individual defendants are not defendants under the alleged Privacy Act violations, 5 U.S.C.A. § 552a (West 1977); (2) the doctrine of respondent superior cannot be applied against certain individual defendants; (3) service of process has not been served on defendant Jack D. Yarbrough;…
2Cases cited20 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Paul v. DavisSupreme Court of the United States · 1976
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3Cited by6 opinions
- National Advertising Company v. City of Raleigh, North Carolina, Southern Environmental Law Center, Amicus CuriaeCourt of Appeals for the Fourth Circuit · 1991
- Mallas v. United StatesCourt of Appeals for the Fourth Circuit · 1993
- Capital Outdoor Advertising, Inc. v. City of RaleighSupreme Court of North Carolina · 1994
- Berridge v. HeiserDistrict Court, S.D. Ohio · 1997
- Estate of Myers v. United StatesDistrict Court, E.D. Washington · 1993
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