Legal Opinion

Daniel Johnson, 274157 v. Hon. John Onion, Judge

Court of Appeals for the Fifth Circuit

Decided May 28, 1985No. 84-1964PublishedCited by 10 opinions

1Opinion of the Court

TATE, Circuit Judge:

The plaintiff Daniel Johnson, a state prisoner, filed suit under 42 U.S.C. § 1983 against a state trial judge and seven judges on the Texas Court of Criminal Appeals. In his complaint, Johnson requested declaratory and equitable relief, alleging that the judges, in their respective capacities, wrongly decided a fourth amendment suppression issue in his criminal trial and on his direct appeal. The district court dismissed the case for lack of prosecution. We affirm but on the ground that Johnson has failed to present a case or controversy.

I

In late 1977, Johnson was tried…

2Cases cited4 opinions

  1. Lake Carriers' Assn. v. MacMullanSupreme Court of the United States · 1972
  2. Beoties Emory v. Clarence Peeler, Individually and in His Official Capacity as Superior Court Judge, Stone Mountain Judicial CircuitCourt of Appeals for the Eleventh Circuit · 1985
  3. James K. Shannon, A/K/A James K. Kelly v. Sheriff Sequeechi, Sheriff Lloyd Beair, and Sheriff Bill LessmanCourt of Appeals for the Tenth Circuit · 1966
  4. Charles J. Wolfer and Wife, Kathryn Wolfer v. Raymond C. Thaler and the City of BrenhamCourt of Appeals for the Fifth Circuit · 1976

3Cited by10 opinions

  1. Johnson v. RodriguezCourt of Appeals for the Fifth Circuit · 1997
  2. Middle South Energy, Inc. And New Orleans Public Service Inc. v. The City of New Orleans and the Council of the City of New OrleansCourt of Appeals for the Fifth Circuit · 1986
  3. The State of Texas v. West Publishing CompanyCourt of Appeals for the Fifth Circuit · 1989
  4. Boston v. Lafayette County, Miss.District Court, N.D. Mississippi · 1990
  5. SEC v. NovingerCourt of Appeals for the Fifth Circuit · 2024

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