Legal Opinion
Gordon v. Leatherman
District Court, S.D. Florida
Decided March 23, 1971No. Civ. No. 71-62PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
ATKINS, District Judge.
Once again this Court is asked to step into a state procedural process to protect asserted federal constitutional claims. This incursion is made with reluctance but under the teaching of Zwickler1 and its progeny it is clearly indicated.
Plaintiff, an elected member of the Dade County (Florida) Board of County *496Commissioners, seeks injunctive relief against a recall proceeding2 authorized by Dade County’s “home rule” charter 3 because the ordinance contains no requirement that the reasons for the recall must be delineated in the petition for recall or at…
2Cases cited18 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Wisconsin v. ConstantineauSupreme Court of the United States · 1971
- Zwickler v. KootaSupreme Court of the United States · 1967
- Wieman v. UpdegraffSupreme Court of the United States · 1952
- St. John Dixon v. Alabama State Board of EducationCourt of Appeals for the Fifth Circuit · 1961
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3Cited by3 opinions
- Gordon v. LeathermanCourt of Appeals for the Fifth Circuit · 1971
- McClaskey v. LeathermanSupreme Court of Florida · 1972
- Gordon v. LeathermanCourt of Appeals for the Fifth Circuit · 1972