Legal Opinion
Musso v. Suriano
Court of Appeals for the Seventh Circuit
Decided November 2, 1978No. Nos. 78-1216, 78-1248 and 78-1302PublishedCited by 39 opinions
1Opinion of the Court
SPRECHER, Circuit Judge.
These three cases have been consolidated for opinion on the recurring issue of when the actions of a private entity can properly be characterized as occurring “under color of state law” allowing maintenance of an action under 42 U.S.C. § 1983.
I
In all three cases, the district court granted defendant’s motions to dismiss the complaints for lack of subject matter jurisdiction. In each case the district court held that there were insufficient allegations of state or federal action.1
In Batt v. Marion Heights, Inc., plaintiff Patrick Batt brought suit for damages against…
2Cases cited28 opinions
- Jackson v. Metropolitan Edison Co.Supreme Court of the United States · 1974
- Flagg Bros., Inc. v. BrooksSupreme Court of the United States · 1978
- Burton v. Wilmington Parking AuthoritySupreme Court of the United States · 1961
- Moose Lodge No. 107 v. IrvisSupreme Court of the United States · 1972
- 10 Fair empl.prac.cas. 1331, 10 Empl. Prac. Dec. P 10,294 Selene Weise v. Syracuse University, Jo Davis Mortenson v. Syracuse UniversityCourt of Appeals for the Second Circuit · 1975
23 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Gray v. LackeCourt of Appeals for the Seventh Circuit · 1989
- Dr. Thaddeus Malak v. Associated Physicians, Inc.Court of Appeals for the Seventh Circuit · 1986
- Doe v. University of DenverCourt of Appeals for the Tenth Circuit · 2020
- Daigle v. Opelousas Health Care, Inc.Court of Appeals for the Fifth Circuit · 1985
- Wright v. Methodist Youth Services, Inc.District Court, N.D. Illinois · 1981
34 more not listed; retrieve them via the Exa API.