Legal Opinion
John David Palmer v. City of San Antonio, Texas
Court of Appeals for the Fifth Circuit
Decided February 23, 1987No. 86-2392PublishedCited by 68 opinions
1Opinion of the Court
ROBERT MADDEN HILL, Circuit Judge:
In this action, John David Palmer (Palmer) appeals from the order of the district court dismissing his action under 42 U.S.C. § 1983. We affirm the district court's dismissal of the city of San Antonio but remand for consideration of Palmer’s claim against defendant Williamson in his individual capacity.
I
A dismissal for failure to state a claim upon which relief may be granted cannot be upheld “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41,…
2Cases cited10 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Conley v. GibsonSupreme Court of the United States · 1957
- City of Oklahoma v. TuttleSupreme Court of the United States · 1985
- Gomez v. ToledoSupreme Court of the United States · 1980
- John Russell Webster, Cross-Appellants v. The City of Houston, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1984
5 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Leatherman v. Tarrant County Narcotics Intelligence and Coordination UnitSupreme Court of the United States · 1993
- Richard Atchinson v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1996
- Joseph M. Schultea, Sr. v. David Robert Wood, David Robert Wood, Homer Ford, W.F. "Slim" Plagens and Warren K. DriverCourt of Appeals for the Fifth Circuit · 1995
- Robert E. Thompson v. City of Los Angeles, and County of Los Angeles, University of California at Los AngelesCourt of Appeals for the Ninth Circuit · 1989
- Meadowbriar Home for Children, Inc. v. GunnCourt of Appeals for the Fifth Circuit · 1996
63 more not listed; retrieve them via the Exa API.