Virgil Norton, Virgil Wesley and James Chapman v. James P. McShane
Court of Appeals for the Fifth Circuit
1DissentGewin, Circuit Judge
This case does not involve the allegation of negligence on the part of federal officials and officers in the performance of their duties in undertaking to carry out orders of court. Rather the complaint charges the defendants with an unlawful, willful and malicious denial of fundamental constitutional rights, without probable cause; and facts which constitute the conduct alleged are set forth in the complaint. Accordingly, it is important to keep in mind that we are not considering mere negligent conduct, but complaints in which strong cases have been alleged, and if the allegations are…
2Cases cited24 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Monroe v. PapeSupreme Court of the United States · 1961
- Bell v. HoodSupreme Court of the United States · 1946
- United States v. ClassicSupreme Court of the United States · 1941
- Screws v. United StatesSupreme Court of the United States · 1945
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