Legal Opinion
Sprague v. Fitzpatrick
District Court, E.D. Pennsylvania
Decided January 9, 1976No. Civ. A. 75-231PublishedCited by 11 opinions
1Opinion of the Court
OPINION
DITTER, District Judge.
The principal question presented by this case is whether a district attorney’s firing of his first assistant for publicly criticizing him presents a colorable claim under the Civil Rights Act of 1871, 42 U.S.C. § 1983. Two cases — one emanating from the United States Supreme Court and the other from the Court of Appeals for this Circuit — persuade me that it does not. The complaint accordingly will be dismissed. 1
Taking as true the allegations of the complaint, Cooper v. Pate, 378 U.S. 546, 84 S.Ct. 1733, 1734, 12 L.Ed.2d 1030 (1964), and all reasonable…
2Cases cited60 opinions
- Scheuer v. RhodesSupreme Court of the United States · 1974
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- Perry v. SindermannSupreme Court of the United States · 1972
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
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3Cited by11 opinions
- Larry Williams v. Board of Regents of the University System of Georgia, Edward T. Kassinger, Etc.Court of Appeals for the Fifth Circuit · 1980
- Johnson v. Jefferson County Board of HealthSupreme Court of Colorado · 1983
- Pilkington v. BevilacquaDistrict Court, D. Rhode Island · 1977
- Mines v. KahleDistrict Court, W.D. Pennsylvania · 1983
- Atcherson v. SiebenmannDistrict Court, S.D. Iowa · 1978
6 more not listed; retrieve them via the Exa API.