Legal Opinion · Dissent

Clients' Council v. Pierce

Court of Appeals for the Eighth Circuit

Decided June 28, 1983No. 82-1383Published

1Dissent

HENLEY,

Senior Circuit Judge, dissenting.

I agree with the court’s conclusion that it is at least doubtful that an implied right of action against a federal funding agency exists under the Civil Rights Act of 1964, but I find no liability under the fifth amendment or under Title VIII of the Civil Rights Act of 1968, and in any event I cannot fully accept the terms of the court’s mandate on remand.

FACTS

As the court noted, HUD conducted its first compliance review in May, 1969. The report submitted by HUD investigator John M. Nelson concerning this review relates that the THA Executive Director…

2Cases cited9 opinions

  1. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  2. Washington v. DavisSupreme Court of the United States · 1976
  3. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  4. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  5. Personnel Administrator of Mass. v. FeeneySupreme Court of the United States · 1979

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