Legal Opinion
Johnson v. Town of Trail Creek
District Court, N.D. Indiana
Decided July 22, 1991No. S90-277 (RLM)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
MILLER, District Judge.
The defendants’ motion to dismiss requires the court to determine whether an alleged violation of the Consumer Credit Protection Act, 15 U.S.C. § 1674(a), can form the basis for a claim under 42 U.S.C. § 1983, and whether a Consumer Credit Protection Act violation occurs if an employer discharges an employee due to the prospect of a wage garnishment order, but before any wages have been deducted from the employee’s paycheck. The parties fully briefed the issues and came before the court for a hearing on July 19, 1991. For the reasons that follow, the…
2Cases cited28 opinions
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Maine v. ThiboutotSupreme Court of the United States · 1980
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1981
- Wilder v. Virginia Hospital Assn.Supreme Court of the United States · 1990
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3Cited by2 opinions
- Spear v. Town of West HartfordDistrict Court, D. Connecticut · 1992
- Rozak v. American Red Cross Blood ServicesDistrict Court, N.D. Indiana · 1996