Legal Opinion
Stearns v. Smith
District Court, S.D. Texas
Decided September 3, 1982No. Civ. A. H-78-1262PublishedCited by 3 opinions
1Opinion of the Court
FINDINGS OF FACT AND CONCLUSIONS OF LAW
McDONALD, District Judge.
This action was tried before the Court without a jury on September 8, 9, and 10, 1981. Plaintiff seeks damages for violation of his constitutional rights under the Fifth and Fourteenth Amendments, pursuant to 42 U.S.C. § 1983, and under the theories of negligence, strict liability, trespass and nuisance. He claims that defendants’ modification of Spring Branch Creek by construction of a cement liner caused permanent damage to his property and ousted him from the exclusive use, enjoyment and possession of it.
The claims against…
2Cases cited14 opinions
- Monroe v. PapeSupreme Court of the United States · 1961
- Wood v. StricklandSupreme Court of the United States · 1975
- Familias Unidas, an Unincorporated Association, and Irma Torrez v. Dolph BriscoeCourt of Appeals for the Fifth Circuit · 1980
- James BATTLE, Plaintiff-Appellant, v. Solon MULHOLLAND Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1971
- Universal Amusement Co., Inc. v. Fred HofheinzCourt of Appeals for the Fifth Circuit · 1981
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3Cited by3 opinions
- Collier v. City of SpringdaleCourt of Appeals for the Eighth Circuit · 1984
- Collier v. City of SpringdaleCourt of Appeals for the Eighth Circuit · 1984
- Steinberg v. City of SunriseDistrict Court of Appeal of Florida · 1989