Legal Opinion

Mrs. Mary Ellen Pritchard, Wife of Charles C. Pritchard v. Eugene G. Smith, Chief of Police, City of Little Rock, Arkansas

Court of Appeals for the Eighth Circuit

Decided April 26, 1961No. 16637PublishedCited by 73 opinions

1Opinion of the Court

VAN OOSTERHOUT, Circuit Judge.

The sole issue presented by this appeal is whether plaintiff’s action for damages to her person, brought pursuant to 42 U.S.C.A. § 1983 for alleged violation of civil rights, survived upon the death of the defendant. The trial court held the action did not survive and entered judgment of dismissal. This timely appeal followed.

Plaintiff in the complaint filed September 25, 1959, alleged that the defendant Smith, Chief of Police of Little Rock, Arkansas, acting under color of state law, violated her constitutional and civil rights. Plaintiff alleged that by…

2Cases cited21 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
  3. United States v. Standard Oil Co. Of CaliforniaSupreme Court of the United States · 1947
  4. The LottawannaSupreme Court of the United States · 1875
  5. Just v. ChambersSupreme Court of the United States · 1941

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3Cited by73 opinions

  1. Moor v. County of AlamedaSupreme Court of the United States · 1973
  2. Hattie Brazier v. W. B. CherryCourt of Appeals for the Fifth Circuit · 1961
  3. Nancy Sullivan v. C. Francis Murphy, Corporation Counsel of the District of ColumbiaCourt of Appeals for the D.C. Circuit · 1973
  4. Barbara A. Nesmith and Richard A. Nesmith v. H. D. AlfordCourt of Appeals for the Fifth Circuit · 1963
  5. Charles A. L. Almond v. John E. Kent, Sheriff of Augusta County, VirginiaCourt of Appeals for the Fourth Circuit · 1972

68 more not listed; retrieve them via the Exa API.

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