Legal Opinion
Gilbert Moreno v. Gerald C. Henckel, Jr.
Court of Appeals for the Fifth Circuit
Decided September 23, 1970No. 28644_1PublishedCited by 85 opinions
1Opinion of the Court
WISDOM, Circuit Judge.
The plaintiff, Gilbert Moreno, brings this action under the Civil Rights Act of 1871, now codified as 42 U.S.C. § 1983, 1 for injunctive relief, a declaratory judgment, and damages arising from deprivation of his First and Fourteenth Amendment rights. Jurisdiction is conferred by 28 U.S.C. § 1343. 2 The district court not only abstained, but disinissed the complaint on the ground that a remedy was available to the plaintiffs in the Texas courts. 3 That is not the law. “The fact that a state remedy is available is not a valid basis for federal court abstention.” Hargrave…
2Cases cited26 opinions
- Monroe v. PapeSupreme Court of the United States · 1961
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
- Dombrowski v. PfisterSupreme Court of the United States · 1965
- Haguer v. Committee for Industrial OrganizationSupreme Court of the United States · 1939
- Zwickler v. KootaSupreme Court of the United States · 1967
21 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- Southwest Airlines Company v. Texas International Airlines, Inc. v. Texas Aeronautics Commission, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1977
- W.J. Hobbs v. Mayor Ronnie ThompsonCourt of Appeals for the Fifth Circuit · 1971
- Mr. And Mrs. Ardmore Canton v. Spokane School District 81, a Public CorporationCourt of Appeals for the Ninth Circuit · 1974
- Clutchette v. ProcunierDistrict Court, N.D. California · 1971
- Madalyn Murray O'Hair and Society of Separationists, Inc. v. Mark WhiteCourt of Appeals for the Fifth Circuit · 1982
80 more not listed; retrieve them via the Exa API.