Legal Opinion

Suzanne Germany v. Carol Vance, Suzanne Germany v. Carol Vance

Court of Appeals for the First Circuit

Decided March 20, 1989No. 88-1578, 88-1579PublishedCited by 145 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Chief Judge.

It can be a deprivation “of life, liberty, or property, without due process of law,” in violation of the Fourteenth Amendment, for state officials to deny a person “access to the courts.” Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977). At issue in this appeal is whether state caseworkers unconstitutionally denied court access to a juvenile offender committed to their care. The district court so held, imposing liability upon the caseworkers under 42 U.S.C. § 1983 (1982). The Supreme Court has ruled, however, that merely negligent actions or…

2Cases cited32 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Wolff v. McDonnellSupreme Court of the United States · 1974
  3. In Re WINSHIPSupreme Court of the United States · 1970
  4. Daniels v. WilliamsSupreme Court of the United States · 1986
  5. Baker v. McCollanSupreme Court of the United States · 1979

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3Cited by145 opinions

  1. Jane Doe v. Taylor Independent School District, Mike Caplinger in His Official Capacities and Eddy Lankford in His Official and Individual CapacitiesCourt of Appeals for the Fifth Circuit · 1994
  2. Carlos A. Gutierrez-Rodriguez v. Desiderio Cartagena and Domingo Alvarez, Carlos A. Gutierrez-Rodriguez v. Pedro N. Soto and Edwin F. GotayCourt of Appeals for the First Circuit · 1989
  3. Pappas v. City of LebanonDistrict Court, M.D. Pennsylvania · 2004
  4. Maria De Los Angeles SANCHEZ, Plaintiff, Appellant, v. Carlos ALVARADO, Et Al., Defendants, AppelleesCourt of Appeals for the First Circuit · 1996
  5. Peggy Poe v. John Leonard, Defendant-Third Party-Plaintiff-Appellant, Douglas Pearl, State of Connecticut, Third-Party-DefendantCourt of Appeals for the Second Circuit · 2002

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