Legal Opinion
Lathan v. Oswald
District Court, S.D. New York
Decided June 4, 1973No. 72 Civ. 5391PublishedCited by 9 opinions
1Opinion of the Court
BAUMAN, District Judge.
Plaintiff, Caswell Lathan, Jr., brings this action pursuant to 42 U.S.C. § 1983 and its jurisdictional complement, 28 U.S.C. § 1343(3), alleging violation of rights secured by the Sixth, Eighth and Fourteenth Amendments. 1 Before the court is the motion of the Attorney General of the State of New York, acting on behalf of all defendants, for an order dismissing the complaint for failure to state a cause of action or, in the alternative, granting defendants summary judgment.
On June 24, 1960, plaintiff was convicted of first degree murder in the County Court, Bronx County…
2Cases cited20 opinions
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Haguer v. Committee for Industrial OrganizationSupreme Court of the United States · 1939
- Johnson v. AverySupreme Court of the United States · 1969
- Lynch v. Household Finance Corp.Supreme Court of the United States · 1972
- Sostre v. McGinnisCourt of Appeals for the Second Circuit · 1971
15 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Johnson-El v. SchoemehlCourt of Appeals for the Eighth Circuit · 1989
- Johnson-El v. SchoemehlCourt of Appeals for the Eighth Circuit · 1989
- Manfredonia v. BarryDistrict Court, E.D. New York · 1975
- Schumate v. People of State of New YorkDistrict Court, S.D. New York · 1974
- Thompson v. MontemuroDistrict Court, E.D. Pennsylvania · 1974
4 more not listed; retrieve them via the Exa API.