Legal Opinion
Archie L. Hull, Individually and as Next Friend and Natural Father of Rodney Lee Hull v. City of Duncanville
Court of Appeals for the Fifth Circuit
Decided June 16, 1982No. 81-1534PublishedCited by 47 opinions
1Opinion of the Court
TATE, Circuit Judge:
The plaintiff Hull sues the City of Dun-canville, a Texas municipality. His cause of action is based upon 42 U.S.C. § 1983, which provides a federal remedy against a defendant who under color of state law deprives a plaintiff of any federal constitutional or statutory right. Finding that no federal right is implicated and that the complaint at most alleges a state-law tort, we affirm the district court’s dismissal.
Both parties agree that the standard for ruling on the motion to dismiss is whether, in the light most favorable to the plaintiff and with every doubt resolved…
2Cases cited4 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Parratt v. TaylorSupreme Court of the United States · 1981
- Baker v. McCollanSupreme Court of the United States · 1979
- Mrs. Jimmie Lue Williams v. Douglas E. Kelley and Floyd Carlton McIntyreCourt of Appeals for the Fifth Circuit · 1980
3Cited by47 opinions
- Francis Nolan Augustine v. John Doe, Deputy Sheriff, Lafayette ParishCourt of Appeals for the Fifth Circuit · 1984
- Robert A. Spence, Margaret A. Spence v. Walter R. Zimmerman, Katherine B. Zimmerman, City of Clearwater, a Municipal CorporationCourt of Appeals for the Eleventh Circuit · 1989
- Jackson v. City of JolietCourt of Appeals for the Seventh Circuit · 1983
- John Languirand, Cross-Appellant v. John Hayden, an Individual, City of Pass Christian, Etc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1983
- James Thibodeaux v. James Bordelon, Linda BrownCourt of Appeals for the Fifth Circuit · 1984
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