Legal Opinion

Shah v. Hutto

Court of Appeals for the Fourth Circuit

Decided December 8, 1983No. 81-6855PublishedCited by 92 opinions

1Opinion of the Court

K.K. HALL, Circuit Judge:

Virginia prisoners, Abdul Shah and Robert Jackson, seek to appeal from the district court’s dismissal of their complaint brought pursuant to 42 U.S.C. § 1983. A panel majority of this Court held that the 1979 amendment to Federal Rule of Appellate Procedure 4(a) did not overrule our decision in Craig v. Garrison, 549 F.2d 306 (4th Cir.1977). Shah v. Hutto, 704 F.2d 717 (4th Cir.1983). Because of the exceptional importance of this issue, we granted rehearing en banc. We conclude that we have no appellate jurisdiction and dismiss the appeal.

On August 25, 1981, the…

2Cases cited11 opinions

  1. Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
  2. United States v. RobinsonSupreme Court of the United States · 1960
  3. Ralph Pryor v. R.C. Marshall, Sup't.Court of Appeals for the Sixth Circuit · 1983
  4. Alejandro Sanchez v. Board of Regents of Texas Southern UniversityCourt of Appeals for the Fifth Circuit · 1980
  5. Alfred Burdette Mayfield v. United States Parole Commission and United States Probation OfficeCourt of Appeals for the Tenth Circuit · 1981

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3Cited by92 opinions

  1. Percy Stanley Harris v. Ronald Hutchinson, Warden, Maryland House of Corrections J. Joseph Curran, Jr., Attorney General of the State of MarylandCourt of Appeals for the Fourth Circuit · 2000
  2. Wilma J. Thompson v. E.I. Dupont De Nemours & Co., Incorporated, Wilma J. Thompson v. E.I. Dupont De Nemours & Co., IncorporatedCourt of Appeals for the Fourth Circuit · 1996
  3. United States v. Jose v. ReyesCourt of Appeals for the Fourth Circuit · 1985
  4. Robert Elijah Washington v. Michael E. Bumgarner J. Gainey, Officer W.E. McMichaels M. Thomas, OfficerCourt of Appeals for the Fourth Circuit · 1989
  5. Shawn Bridges Levander Jones Lakeithia Webb Tashima Nicholson Calvin Thorpe, Jr. Latia Thorpe Cynthia Walker Evan Thorpe Calvin Thorpe, Sr. Samuel Williams Janice Springs Terry Postell Kenneth Moody Frank Willis Joseph Kahoe Nallie Hairston Kenwin Baylor Calvin Postell Maryland State Conference of Naacp Branches, on Behalf of Itself, Its Members, and the Class Gary D. Rodwell, on Behalf of Himself and All Other Persons Similarly Situated Johnston E. Williams, on Behalf of Himself and All Other Persons Similarly Situated James E. Alston, Jr., on Behalf of Himself and All Other Persons Similarly Situated Yancey Taylor, on Behalf of Herself, Their Son Y.T., Jr., and All Other Persons Similarly Situated Aleshia Taylor, on Behalf of Herself, Her Minor Son, Y.T., Jr., and All Other Persons Similarly Situated George W. Taylor, Jr., on Behalf of Himself and All Other Persons Similarly Situated Eric Anthony, on Behalf of Himself and All Other Persons Similarly Situated Nelson D. Walker, on Behalf of Himself and All Other Persons Similarly Situated Ras Ra I, F/k/a Mecca Agundabo, I, on Behalf of Himself and All Other Persons Similarly Situated John S. Means Kenneth R. Jeffries Diana Desmoines William M. Berry Verna A. Bailey, the Above on Behalf of Herself and All Other Persons Similarly Situated v. Department of Maryland State Police David B. Mitchell, Individually and in His Official Capacity as Secretary of the Department of Maryland State Police Jesse Graybill, Individually and in His Official Capacity as Commander of the Field Operations Bureau of the Department of Maryland State Police George H. Hall, Individually and in His Official Capacity as Commander of the Northern Region of the Field Operations Bureau of the Department of Maryland State Police Vernon Betkey, Individually and in His Official Capacity as a Maryland State Police Barrack Commander Keven L. Gray, Individually and in His Official Capacity as a Maryland State Police Barrack Commander John E. Appleby, Individually George P. Brantly, Individually and in His Official Capacity as a Maryland State Trooper Bernard M. Donovan, Individually and in His Official Capacity as a Maryland State Trooper Steven W. Dulski, Individually and in His Official Capacity as a Maryland State Trooper Melvin Fialkewicz, Individually John R. Greene, Individually and in His Official Capacity as a Maryland State Trooper Steven L. Hohner, Individually and in His Official Capacity as a Maryland State Trooper Clifford T. Hughes, Individually and in His Official Capacity as a Maryland State Trooper David B. Hughes, Individually and in His Official Capacity as a Maryland State Trooper Michael T. Hughes, Individually and in His Official Capacity as a Maryland State Trooper Steven O. Jones, Individually and in His Official Capacity as a Maryland State Trooper James E. Nolan, Individually and in His Official Capacity as a Maryland State Trooper Paul J. Quill, Individually and in His Official Capacity as a Maryland State Trooper Christopher Tideberg, Individually and in His Official Capacity as a Maryland State Trooper Ernest S. Tullis, Individually and in His Official Capacity as a Maryland State Trooper Michael D. Wann, Individually and in His Official Capacity as a Maryland State Trooper Billy White, Individually and in His Official Capacity as a Maryland State Trooper John L. Wilhelm, Individually and in His Official Capacity as a Maryland State Trooper Eric Harbold, Individually and in His Official Capacity as a Maryland State Trooper Mark A. Rhinehart, Individually and in His Official Capacity as a Maryland State Trooper, Shawn Bridges Levander Jones Lakeithia Webb Tashima Nicholson Calvin Thorpe, Jr. Latia Thorpe Cynthia Walker Evan Thorpe Calvin Thorpe, Sr. Samuel Williams Janice Springs Terry Postell Kenneth Moody Frank Willis Joseph Kahoe Nallie Hairston Kenwin Baylor Calvin Postell Maryland State Conference of Naacp Branches, on Behalf of Itself, Its Members, and the Class Gary D. Rodwell, on Behalf of Himself and All Other Persons Similarly Situated Johnston E. Williams, on Behalf of Himself and All Other Persons Similarly Situated James E. Alston, Jr., on Behalf of Himself and All Other Persons Similarly Situated Yancey Taylor, on Behalf of Herself, Their Son Y.T., Jr., and All Other Persons Similarly Situated Aleshia Taylor, on Behalf of Herself, Her Minor Son, Y.T., Jr., and All Other Persons Similarly Situated George W. Taylor, Jr., on Behalf of Himself and All Other Persons Similarly Situated Nelson D. Walker, on Behalf of Himself and All Other Persons Similarly Situated Mecca Agundabo, I, on Behalf of Himself and All Other Persons Similarly Situated John S. Means Kenneth R. Jeffries Diana Desmoines William M. Berry Verna A. Bailey, the Above on Behalf of Herself and All Other Persons Similarly Situated v. Department of Maryland State Police David B. Mitchell, Individually and in His Official Capacity as Secretary of the Department of Maryland State Police Jesse Graybill, Individually and in His Official Capacity as Commander of the Field Operations Bureau of the Department of Maryland State Police George H. Hall, Individually and in His Official Capacity as Commander of the Northern Region of the Field Operations Bureau of the Department of Maryland State Police Vernon Betkey, Individually and in His Official Capacity as a Maryland State Police Barrack Commander Keven L. Gray, Individually and in His Official Capacity as a Maryland State Police Barrack Commander John E. Appleby, Individually George P. Brantly, Individually and in His Official Capacity as a Maryland State Trooper Bernard M. Donovan, Individually and in His Official Capacity as a Maryland State Trooper Steven W. Dulski, Individually and in His Official Capacity as a Maryland State Trooper Melvin Fialkewicz, Individually John R. Greene, Individually and in His Official Capacity as a Maryland State Trooper Steven L. Hohner, Individually and in His Official Capacity as a Maryland State Trooper Clifford T. Hughes, Individually and in His Official Capacity as a Maryland State Trooper David B. Hughes, Individually and in His Official Capacity as a Maryland State Trooper Michael T. Hughes, Individually and in His Official Capacity as a Maryland State Trooper Steven O. Jones, Individually and in His Official Capacity as a Maryland State Trooper James E. Nolan, Individually and in His Official Capacity as a Maryland State Trooper Paul J. Quill, Individually and in His Official Capacity as a Maryland State Trooper Christopher Tideberg, Individually and in His Official Capacity as a Maryland State Trooper Ernest S. Tullis, Individually and in His Official Capacity as a Maryland State Trooper Michael D. Wann, Individually and in His Official Capacity as a Maryland State Trooper Billy White, Individually and in His Official Capacity as a Maryland State Trooper John L. Wilhelm, Individually and in His Official Capacity as a Maryland State Trooper Eric Harbold, Individually and in His Official Capacity as a Maryland State Trooper Mark A. Rhinehart, Individually and in His Official Capacity as a Maryland State TrooperCourt of Appeals for the Fourth Circuit · 2006

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