Legal Opinion
Mayberry v. Somner
District Court, E.D. Pennsylvania
Decided November 28, 1979No. Civ. A. 74-1270PublishedCited by 9 opinions
1Opinion of the Court
OPINION
LUONGO, District Judge.
This is a pro se action under the Civil Rights Act of 1871, 42 U.S.C. § 1983, for injunctive and declaratory 1 relief and damages. Plaintiff is a state prisoner. Defendants Somner and Shaefer were guards at the State Correctional Institution at Grater-ford. Jurisdiction is based upon 28 U.S.C. § 1343(3). The action is before me on defendants’ motions to dismiss, Fed.R.Civ.P. 12(b), and for summary judgment, Fed.R. Civ.P. 56. The record consists of an affidavit and certain state court documents submitted by defendants; plaintiff has not submitted any evidence.
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2Cases cited18 opinions
- Meachum v. FanoSupreme Court of the United States · 1976
- O'Shea v. LittletonSupreme Court of the United States · 1974
- Flast v. CohenSupreme Court of the United States · 1968
- Golden v. ZwicklerSupreme Court of the United States · 1969
- Negrich v. HohnCourt of Appeals for the Third Circuit · 1967
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Ex Rel. O'Blennis v. AdolfMissouri Court of Appeals · 1985
- Merchants Mutual Insurance v. ArzilloAppellate Division of the Supreme Court of the State of New York · 1984
- Ideal Mutual Insurance Co. v. WinkerSupreme Court of Iowa · 1982
- United States v. City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1979
- National Mortgage Warehouse, LLC v. Bankers First Mortgage Co.District Court, D. Maryland · 2002
4 more not listed; retrieve them via the Exa API.