Legal Opinion
Herman K. Burke v. Jerry Miller, M.D.
Court of Appeals for the Fourth Circuit
Decided July 6, 1978No. 76-1154PublishedCited by 36 opinions
1Opinion of the Court
ALBERT V. BRYAN, Senior Circuit Judge:
Following his conviction in Virginia for murder, Herman K. Burke sued Dr. Jerry Miller, the State Medical Examiner for the county, in the District Court charging him with violating his civil rights by falsely testifying at the trial and thereby entitling him to damages under 42 U.S.C. § 1983. A claim was also pressed under 42 U.S.C. § 1985, averring a conspiracy by the doctor with the prosecuting attorney to deprive Burke of a fair trial.1 Defendant moved under F.R.Civ.P. 12(b)(6) to dismiss the action as barred by the State statute of limitations as well…
2Cases cited10 opinions
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Stump v. SparkmanSupreme Court of the United States · 1978
- Pierson v. RaySupreme Court of the United States · 1967
- O'Shea v. LittletonSupreme Court of the United States · 1974
- Bradley v. FisherSupreme Court of the United States · 1872
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3Cited by36 opinions
- Briscoe v. LaHueSupreme Court of the United States · 1983
- Briscoe v. LahueCourt of Appeals for the Seventh Circuit · 1981
- Bruce B. Landrigan v. City of WarwickCourt of Appeals for the First Circuit · 1980
- Waller v. ButkovichDistrict Court, M.D. North Carolina · 1984
- Earl Charles v. F. W. Wade, Leo B. Ryan and City of Savannah, GeorgiaCourt of Appeals for the Fifth Circuit · 1982
31 more not listed; retrieve them via the Exa API.