Legal Opinion
Clay L. Shaw v. Jim Garrison
Court of Appeals for the Fifth Circuit
Decided January 24, 1977No. 75-2019PublishedCited by 44 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
This case, before us on an interlocutory appeal, 28 U.S.C. § 1292(b), arises from an investigation conducted by the then district attorney of Orleans Parish, Jim Garrison, concerning the assassination of President John F. Kennedy and the prosecution of Clay Shaw for conspiring to assassinate President Kennedy. It presents a novel question of law: Does an action a plaintiff institutes under 42 U.S.C. § 1983 survive his death despite the fact that the claim would abate under state law? We agree with the district court that it does survive and we borrow liberally from Judge…
2Cases cited37 opinions
- Monroe v. PapeSupreme Court of the United States · 1961
- Pierson v. RaySupreme Court of the United States · 1967
- Bell v. HoodSupreme Court of the United States · 1946
- Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
- J. I. Case Co. v. BorakSupreme Court of the United States · 1964
32 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Robertson v. WegmannSupreme Court of the United States · 1978
- McAndrew v. Lockheed Martin Corp.Court of Appeals for the Eleventh Circuit · 2000
- Beard v. RobinsonCourt of Appeals for the Seventh Circuit · 1977
- Coon v. LedbetterCourt of Appeals for the Fifth Circuit · 1986
- Merry Shipping, Inc. v. Merry Shipping Company, Inc.Court of Appeals for the Fifth Circuit · 1981
39 more not listed; retrieve them via the Exa API.