Legal Opinion
Luke Fontana v. Mack E. Barham
Court of Appeals for the Fifth Circuit
Decided June 17, 1983No. 82-3064PublishedCited by 20 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
In this appeal we are asked to determine whether certain alleged activities of governmental officials are actionable under 42 U.S.C. § 1983 (1976). The district court dismissed appellant’s cause of action for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). We affirm.
I. FACTS AND PROCEEDINGS BELOW
A. Facts
On April 12,1975, Sheryl Cheatham’s husband was killed in an incident involving two New Orleans police officers. Wishing to pursue a wrongful death action against the City of New Orleans (“City”), Mrs. Cheat-ham retained as her legal…
2Cases cited15 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Parratt v. TaylorSupreme Court of the United States · 1981
- Baker v. McCollanSupreme Court of the United States · 1979
- Logan v. Zimmerman Brush Co.Supreme Court of the United States · 1982
- Martinez v. CaliforniaSupreme Court of the United States · 1980
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- John Russell Webster, Cross-Appellants v. The City of Houston, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1984
- Southern Christian Leadership Conference v. Supreme Court of State of La.Court of Appeals for the Fifth Circuit · 2001
- Jerry Lynn Young v. Neil B. Biggers, Jr., J.W. CollinsCourt of Appeals for the Fifth Circuit · 1991
- Daigle v. Opelousas Health Care, Inc.Court of Appeals for the Fifth Circuit · 1985
- Fireman's Fund Insurance Company v. Clint W. Murchison, IiiCourt of Appeals for the Fifth Circuit · 1991
15 more not listed; retrieve them via the Exa API.