Legal Opinion
J.D. Franks and Margaret Franks v. Van Smith, Etc.
Court of Appeals for the Fifth Circuit
Decided October 14, 1983No. 82-4572PublishedCited by 37 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge.
I
This appeal comes to us from the dismissal by the district court of the complaint which alleged a cause of action under 42 U.S.C. § 1983 based upon claimed violations of the fourth amendment and the Due Process Clause. The district court, finding that the facts contained in the complaint amounted to nothing more than a domestic relations dispute, dismissed the complaint for lack of subject matter jurisdiction. We agree that subject matter jurisdiction was lacking with respect to the child custody allegation and relief sought, but find that the case must be…
2Cases cited9 opinions
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
- Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
- Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
- In Re BurrusSupreme Court of the United States · 1890
- Tomas Menchaca and Wife, Irma Menchaca v. Chrysler Credit CorporationCourt of Appeals for the Fifth Circuit · 1980
4 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Wernecke v. GarciaCourt of Appeals for the Fifth Circuit · 2009
- Oltremari Ex Rel. McDaniel v. Kansas Social & Rehabilitative ServiceDistrict Court, D. Kansas · 1994
- Mona Ann Ingram v. Michael Fitzgerald HayesCourt of Appeals for the Eleventh Circuit · 1988
- Rykers v. AlfordCourt of Appeals for the Fifth Circuit · 1987
- Rykers v. AlfordCourt of Appeals for the Fifth Circuit · 1987
32 more not listed; retrieve them via the Exa API.