Legal Opinion

Costarelli v. Panora

District Court, D. Massachusetts

Decided December 14, 1976No. Civ. A. No. 74-941-TPublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

SKINNER, District Judge.

This is an action under 42 U.S.C. § 1983 in which the plaintiff seeks a declaration that M.G.L. c. 90 § 24(2)(c) is unconstitutional and further seeks an injunction of its enforcement against him and all others similarly situated. A three-judge district court has been convened pursuant to 28 U.S.C. §§ 2281 and 2284. The defendant has moved to dismiss the action under Fed.R. Civ.P. 12(b)(6).

The plaintiff was charged in a Massachusetts district court with using a motor vehicle without authority in violation of M.G.L. c. 90 § 24(2)(a). His motion for a…

2Cases cited4 opinions

  1. Hicks v. MirandaSupreme Court of the United States · 1975
  2. Ludwig v. MassachusettsSupreme Court of the United States · 1976
  3. Hogge v. JohnsonSupreme Court of the United States · 1976
  4. Almeida v. LuceyDistrict Court, D. Massachusetts · 1974

3Cited by3 opinions

  1. Registrar of Motor Vehicles v. Board of Appeal on Motor Vehicle Liability Policies & BondsMassachusetts Supreme Judicial Court · 1981
  2. CostarelliMassachusetts Supreme Judicial Court · 1979
  3. Kudla v. ModdeDistrict Court, E.D. Michigan · 1982

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