Raymond Muzquiz v. City of San Antonio

In Muzquiz v. City of San Antonio, 5 Cir., 1975, 520 F.2d 993, a panel of this Court held that the Board of Trustees of the policemen’s and firemen’s pension fund was a “person” within the meaning of 42 U.S. C.A. § 1983. Having made this determination, the Court further found that plaintiff’s claims of constitutional violations held no merit. 1

On rehearing en banc, 528 F.2d 499, this Court upheld the panel’s result, but found (1) that neither the City nor the Board was a § 1983 “person,” and (2) that we did not have jurisdiction over the individual members of the Board to require them to make…