Legal Opinion
Charles v. Shillingford v. Van E. Holmes, Etc.
Court of Appeals for the Fifth Circuit
Decided January 15, 1981No. 80-3502PublishedCited by 283 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge.
Because 42 U.S.C. § 1983 is not a general tort statute but imposes liability only for rights secured by the Constitution and laws of the United States, it does not grant a cause of action for every injury wrongfully inflicted by a state officer. We here consider the distinction between those personal injuries for which redress is allowable under Section 1983 and those, however wrongful, for which a remedy must be sought under state tort law.
A group of four or five New Orleans policemen was engaged in apprehending a boy on the street during a Mardi Gras parade.…
2Cases cited15 opinions
- Baker v. McCollanSupreme Court of the United States · 1979
- Carey v. PiphusSupreme Court of the United States · 1978
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Givhan v. Western Line Consolidated School DistrictSupreme Court of the United States · 1979
- Hall v. TawneyCourt of Appeals for the Fourth Circuit · 1980
10 more not listed; retrieve them via the Exa API.
3Cited by283 opinions
- Jane Doe v. Taylor Independent School District, Mike Caplinger in His Official Capacities and Eddy Lankford in His Official and Individual CapacitiesCourt of Appeals for the Fifth Circuit · 1994
- John Russell Webster, Cross-Appellants v. The City of Houston, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1984
- Doe Ex Rel. Magee v. Covington County School DistrictCourt of Appeals for the Fifth Circuit · 2012
- Wayne Ernest Barker v. Ben Norman and Jack BallasCourt of Appeals for the Fifth Circuit · 1981
- Miles Tefft v. James Seward, A/K/A Jessie SewardCourt of Appeals for the Sixth Circuit · 1982
278 more not listed; retrieve them via the Exa API.