Legal Opinion
Rakes v. Coleman
District Court, E.D. Virginia
Decided June 6, 1973No. Civ. A. 174-70-RPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM
MERHIGE, District Judge.
This cause is before the Court on plaintiff’s amended complaint wherein he seeks a judgment declaring that the eighth amendment to the Constitution requires state courts of Virginia to recognize the defense of alcoholism to a charge of drunk in public made under Virginia Code § 18.1-237 (Supp.1970). The amended complaint also requests the Court to declare that it is unconstitutional for an alcoholic to be held in jail “for the substantive offense of drinking in public or being drunk in public or to otherwise incarcerate an alcoholic without the benefit of…
2Cases cited37 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Ex Parte YoungSupreme Court of the United States · 1908
- Flast v. CohenSupreme Court of the United States · 1968
- Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
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3Cited by4 opinions
- National Home Insurance v. State Corp. CommissionDistrict Court, E.D. Virginia · 1993
- Bond v. DentzerDistrict Court, N.D. New York · 1973
- Cottrell v. VIRGINIA ELECTRIC & POWER COMPANYDistrict Court, E.D. Virginia · 1973
- Hendrick v. CaldwellDistrict Court, W.D. Virginia · 2017