Legal Opinion

Duke v. Smith

Court of Appeals for the Eleventh Circuit

Decided February 3, 1994No. 92-4093PublishedCited by 14 opinions

1Opinion of the Court

FAY, Senior Circuit Judge:

David Duke filed an action pursuant to 42 U.S.C. § 1983 in the District Court for the Southern District of Florida1 challenging Florida Statutes § 103.101 which governs access to the presidential primary ballot in Florida. The district court consolidated the preliminary injunction hearing with the trial and denied relief to all of the plaintiffs. Because we find state action, we REVERSE.

I. FACTS

Florida Statutes § 103.101 entitled “Presidential preference primary” is the exclusive vehicle through which a person may gain access to the Florida presidential preference…

2Cases cited23 opinions

  1. Daniels v. WilliamsSupreme Court of the United States · 1986
  2. Parratt v. TaylorSupreme Court of the United States · 1981
  3. Zinermon v. BurchSupreme Court of the United States · 1990
  4. Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
  5. Anderson v. CelebrezzeSupreme Court of the United States · 1983

18 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Almand v. DeKalb County, GeorgiaCourt of Appeals for the Eleventh Circuit · 1997
  2. How v. City of Baxter SpringsCourt of Appeals for the Tenth Circuit · 2007
  3. Whipps Land & Cattle Co. v. Level 3 Communications, LLCNebraska Supreme Court · 2003
  4. Duke v. ClelandDistrict Court, N.D. Georgia · 1995
  5. Duke v. SmithCourt of Appeals for the Eleventh Circuit · 1994

9 more not listed; retrieve them via the Exa API.

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