Legal Opinion
J.B. Smith v. Keith Hightower, Hunter B. Brush, Alvin G. Khoury, Alan L. Manning, and Galloway Calhoun
Court of Appeals for the Fifth Circuit
Decided November 22, 1982No. 82-2121PublishedCited by 56 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
This is not a run-of-the-mill case. It involves an action under 42 U.S.C. § 1983 by J.B. Smith, the elected Sheriff of Smith County, Texas, to enjoin removal proceedings and a state criminal prosecution against him. Sheriff Smith has admitted to committing unlawful and reprehensible acts, including pouring gasoline on a car in order to burn it and threatening to kill an investigator of the local district attorney, but he continues to serve in office because the district court enjoined his removal and prosecution. We must decide whether the district court erred in…
2Cases cited20 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
- Imbler v. PachtmanSupreme Court of the United States · 1976
15 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- In the Matter of Missionary Baptist Foundation of America, Inc., Debtors. Robert B. Wilson, Trustee v. Robert G. HuffmanCourt of Appeals for the Fifth Circuit · 1983
- Kinney v. WeaverCourt of Appeals for the Fifth Circuit · 2004
- Pizzeria Uno Corporation v. James W. Temple, Jr., D/B/A Taco UnoCourt of Appeals for the Fourth Circuit · 1984
- Worrell v. HenryCourt of Appeals for the Tenth Circuit · 2000
- Carl Johnston v. Harris County Flood Control DistrictCourt of Appeals for the Fifth Circuit · 1989
51 more not listed; retrieve them via the Exa API.