Legal Opinion
Rochester v. White
Court of Appeals for the Third Circuit
Decided September 5, 1974No. 73-2104PublishedCited by 37 opinions
1Opinion of the Court
OPINION OF THE COURT
JAMES HUNTER, III, Circuit Judge:
This case raises jurisdictional issues under 28 U.S.C. § 1343(3) (1970) 1 and 42 U.S.C. § 1983 (1970) 2 and the Eleventh Amendment. The district court granted defendant-appellee’s motion for summary judgment holding that a state official was not a “person” under Section 1983 and, that as such, there was no jurisdiction in the court to grant either declaratory or monetary relief. The judgment with respect to the absence of declaratory judgment jurisdiction must be reversed.
I
There is no dispute as to the facts in this case.…
2Cases cited17 opinions
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Ex Parte YoungSupreme Court of the United States · 1908
- Edelman v. JordanSupreme Court of the United States · 1974
- Monroe v. PapeSupreme Court of the United States · 1961
- Pierson v. RaySupreme Court of the United States · 1967
12 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Jackson v. HayakawaCourt of Appeals for the Ninth Circuit · 1982
- Tremayne Durham v. G. KelleyCourt of Appeals for the Third Circuit · 2023
- West v. KeveCourt of Appeals for the Third Circuit · 1978
- 12 Fair empl.prac.cas. 836, 11 Empl. Prac. Dec. P 10,755 Jane Monell v. Department of Social Services of the City of New York, DefendantsCourt of Appeals for the Second Circuit · 1976
- Jackson v. HayakawaCourt of Appeals for the Ninth Circuit · 1982
32 more not listed; retrieve them via the Exa API.