Legal Opinion · Dissent

Reverend John M. Perkins v. State of Mississippi

Court of Appeals for the Fifth Circuit

Decided June 2, 1972No. 30410Published

1DissentJohn R. Brown, Chief Judge

(dissenting) :

Viewed from any realistic perspective this case marks a critical stage in the *12evolutionary development of Federal civil rights removal jurisdiction. Rev. Perkins is Mordecai at the Gate.1 His allegations and proof demand that we let him in.

The complexities we face are not factual ones. We need not resolve credibility choices or conflicting inferences to determine what happened to these petitioners. No matter whose version is accepted the record is replete with uncontested evidence of patently frivolous arrests for nonexistent offenses, threatened and actual physical violence,…

2Cases cited125 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. Younger v. HarrisSupreme Court of the United States · 1971
  3. Ex Parte YoungSupreme Court of the United States · 1908
  4. Monroe v. PapeSupreme Court of the United States · 1961
  5. Pierson v. RaySupreme Court of the United States · 1967

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