Legal Opinion
Ernesto Montana, Jr. v. Lan E. Harrelson, Warden, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided December 1, 1972No. 72-1484PublishedCited by 5 opinions
1Per curiam
Appellant sued the warden of his Texas state correctional institution under 42 U.S.C.A. §§ 1982, 1983 (1970), seeking damages for an alleged seizure of personal property. He alleged jurisdiction by virtue of 28 U.S.C.A. § 1343. The district court dismissed the complaint for lack of jurisdiction.
The court assumed for the purpose of argument that the defendant had taken certain personal property from the plaintiff and had refused to return it to him. The court dismissed the complaint for lack of federal jurisdiction on the ground that “Section 1983 does not extend to property and monetary…
2Cases cited3 opinions
- Haguer v. Committee for Industrial OrganizationSupreme Court of the United States · 1939
- Lynch v. Household Finance Corp.Supreme Court of the United States · 1972
- Joseph Wayne Weddle v. Director, Patuxent InstitutionCourt of Appeals for the Fourth Circuit · 1970
3Cited by5 opinions
- John R. Hansen v. Raymond W. MayCourt of Appeals for the Ninth Circuit · 1974
- Albert H. Carter v. W. J. Estelle, Jr., Director Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1975
- Glenn Diamond, Cleophus Moore, and Alvin Clayborne v. Glen Thompson, Ex-WardenCourt of Appeals for the Fifth Circuit · 1975
- James Edward Clayton v. Bill Shaw, District Clerk, Dallas County, TexasCourt of Appeals for the Fifth Circuit · 1977
- Clarence Watson v. Leroy Stynchombe, Sheriff, Etc.Court of Appeals for the Fifth Circuit · 1974