Legal Opinion
Cruz Ocasio, Suzanna Santana and Rose L. E. Thomas v. Ethelbert Bryan, Olga Bailey and Samuel Caines
Court of Appeals for the Third Circuit
Decided March 13, 1967No. 16391_1PublishedCited by 24 opinions
1Opinion of the CourtFreedman, Circuit Judge
OPINION OF THE COURT
The court below dismissed without prejudice the action for damages brought by appellants against three police officers under the Civil Rights Act of 1871 (42 U.S.C. §§ 1983, 1986) on the ground that § 2(b) of the 1954 Revised Organic Act of the Virgin Islands (Act of July 22, 1954, ch. 558, 68 Stat. 497, V.I. Code Annot. CII, 48 U.S.C. § 1541 (b)) forbids the bringing of the action without the consent of the Virgin Islands legislature. The court below based its decision on the canon of statutory construction that a later statute should prevail over an earlier one. Ocasio…
2Cases cited8 opinions
- Monroe v. PapeSupreme Court of the United States · 1961
- Basista v. WeirCourt of Appeals for the Third Circuit · 1965
- Sires v. ColeCourt of Appeals for the Ninth Circuit · 1963
- Lon Southerland, Doing Business as Southerland Tours v. St. Croix Taxicab Association and the Government of the Virgin IslandsCourt of Appeals for the Third Circuit · 1963
- Richard Wallach v. City of Pagedale, MissouriCourt of Appeals for the Eighth Circuit · 1966
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Richard J. Davis v. Knud-Hansen Memorial Hospital, Government of the Virgin Islands, and Curtis r.coulam, M.D.Court of Appeals for the Third Circuit · 1980
- MacK v. LewisDistrict Court, S.D. Georgia · 1969
- United States Ex Rel. Wood v. BlackerDistrict Court, D. New Jersey · 1971
- Simon v. LovgrenDistrict Court, Virgin Islands · 1973
- Ngiraingas v. SanchezCourt of Appeals for the Ninth Circuit · 1988
19 more not listed; retrieve them via the Exa API.