Legal Opinion
Hattie Brazier v. W. B. Cherry
Court of Appeals for the Fifth Circuit
Decided July 28, 1961No. 18620PublishedCited by 228 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
This case raises squarely the question whether death resulting from violation of the Civil Rights Statutes gives rise to a federally enforceable claim for damages sustained by the victim during his lifetime, by his survivors, or both. The District Court by sustaining a motion to dismiss for failure to state a claim, F.R.Civ.P. 12(b), 28 U.S.C.A., and for want of jurisdiction over the claim, answered this broadly in the negative. Brazier v. Cherry, D.C.M.D.Ga., 1960, 188 F.Supp. 817.
The complaint may be severely compressed since for these motions it was taken as…
2Cases cited34 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Monroe v. PapeSupreme Court of the United States · 1961
- Screws v. United StatesSupreme Court of the United States · 1945
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Securities & Exchange Commission v. C. M. Joiner Leasing Corp.Supreme Court of the United States · 1943
29 more not listed; retrieve them via the Exa API.
3Cited by228 opinions
- Moor v. County of AlamedaSupreme Court of the United States · 1973
- Sullivan v. Little Hunting Park, Inc.Supreme Court of the United States · 1969
- Robertson v. WegmannSupreme Court of the United States · 1978
- John Russell Webster, Cross-Appellants v. The City of Houston, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1984
- Bell v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1984
223 more not listed; retrieve them via the Exa API.