Legal Opinion

Scott v. Vandiver

Court of Appeals for the Fourth Circuit

Decided March 16, 1973No. Nos. 72-1760, 72-1761PublishedCited by 47 opinions

1Opinion of the Court

BUTZNER, Circuit Judge:

Harold W. Vandiver, George Mc-Mahan, and Ray McMahan appeal1 from a judgment holding them liable under 42 U.S.C. § 1983 (1970)2 for an assault against Luther G. Scott, Jr. They assert that the district court should have required Scott to exhaust available state judicial remedies before proceeding under § 1983; that the trial judge made erroneous findings of fact and conclusions of law; that they were not acting “under color of” state law; that neither Harold W. Vandiver, the county sheriff, nor George McMahan, the county supervisor, was responsible for the acts of James…

2Cases cited29 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. Monroe v. PapeSupreme Court of the United States · 1961
  3. Pierson v. RaySupreme Court of the United States · 1967
  4. United States v. ClassicSupreme Court of the United States · 1941
  5. Screws v. United StatesSupreme Court of the United States · 1945

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

3Cited by47 opinions

  1. George B. Street v. Officer Leo Surdyka, Baltimore City Police DepartmentCourt of Appeals for the Fourth Circuit · 1974
  2. Marjorie Glasson v. City of LouisvilleCourt of Appeals for the Sixth Circuit · 1975
  3. V. Stevens Kite v. Clarence M. Kelley, Director, Federal Bureau of InvestigationCourt of Appeals for the Tenth Circuit · 1976
  4. Mentavlos v. AndersonCourt of Appeals for the Fourth Circuit · 2001
  5. Clyde C. Dean v. Vernon Shirer and John Dukes WactorCourt of Appeals for the Fourth Circuit · 1976

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

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