Legal Opinion
Paul B. Owens v. William Barnes, Dauphin County Bureau of Elections, Commonwealth of Pennsylvania, Intervenor
Court of Appeals for the Third Circuit
Decided June 30, 1983No. 82-3207PublishedCited by 37 opinions
1Opinion of the Court
OPINION OF THE COURT
SLOVITER,
Circuit Judge.
Plaintiff, convicted of a third-degree felony under Pennsylvania law, is currently incarcerated in a Pennsylvania institution. He filed this action under 42 U.S.C. § 1983 claiming that the Pennsylvania Election Code violates the Equal Protection Clause of the Fourteenth Amendment by denying incarcerated convicted felons an absentee ballot which, in effect, disenfranchises them. 1
Plaintiff concedes that Pennsylvania could constitutionally disenfranchise all convicted felons. 2 That concession is compelled by the decision in Richardson v. Ramirez, 418…
2Cases cited17 opinions
- Hewitt v. HelmsSupreme Court of the United States · 1983
- Dunn v. BlumsteinSupreme Court of the United States · 1972
- Bullock v. CarterSupreme Court of the United States · 1972
- Price v. JohnstonSupreme Court of the United States · 1948
- Kramer v. Union Free School District No. 15Supreme Court of the United States · 1969
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3Cited by37 opinions
- Charles Wesley and the Natural Rights Center v. David A. Collins, Coordinator of Elections and W.J. Michael Cody, Attorney General of TennesseeCourt of Appeals for the Sixth Circuit · 1986
- Nixon v. CommonwealthSupreme Court of Pennsylvania · 2003
- Madison v. StateWashington Supreme Court · 2007
- Terrence Johnson v. Phil BredesenCourt of Appeals for the Sixth Circuit · 2010
- Madison v. StateWashington Supreme Court · 2007
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