Legal Opinion
Anthony v. Cleveland
District Court, D. Hawaii
Decided February 28, 1973No. Civ. 72-3656PublishedCited by 9 opinions
1Opinion of the Court
ORDER GRANTING MOTION TO DISMISS
SAMUEL P. KING, District Judge.
Plaintiff asserts claims under 42 U.S.C. § 1983 1 for damages and injunctive relief against the University of Hawaii and certain of its officers and agents. The University moves to dismiss on the grounds that under the Ninth Circuit’s interpretation of Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961), it is not a “person” against whom § 1983 actions may be maintained. I am of the opinion that the University’s position is correct. In so ruling, I am aware that my distin guished brother, Judge Von Der Heydt, has…
2Cases cited34 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Perry v. SindermannSupreme Court of the United States · 1972
- Monroe v. PapeSupreme Court of the United States · 1961
- Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
29 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Braden v. University of PittsburghCourt of Appeals for the Third Circuit · 1973
- Steven C. Draeger, by and Through Norman A. Draeger, Guardian Ad Litem v. Grand Central, Inc., and David ParkCourt of Appeals for the Tenth Circuit · 1974
- Samuel v. University of PittsburghDistrict Court, W.D. Pennsylvania · 1974
- Gay Lib v. University of MissouriDistrict Court, W.D. Missouri · 1976
- In Re HoloholoDistrict Court, D. Hawaii · 1981
4 more not listed; retrieve them via the Exa API.