Legal Opinion
Paul L. Shipp v. Hardin E. Todd, Clerk of the 13th Judicial District Court in and for Yellowstone County, Montana
Court of Appeals for the Ninth Circuit
Decided January 10, 1978No. 77-1906PublishedCited by 49 opinions
1Per curiam
Shipp, a former state prisoner filed a civil rights complaint under 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) against Todd in Todd’s capacity as clerk of the Montana state court in which Shipp was convicted of burglary in 1965. He sought to have the district court declare the state conviction invalid on federal constitutional grounds and for a mandatory injunction directing Todd to expunge the judgment of conviction from the court records in Todd’s custody.
The district court dismissed the action for failure to state a claim for relief and because the state court clerk is immune from such an…
2Cases cited12 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Ex Parte YoungSupreme Court of the United States · 1908
- O'Shea v. LittletonSupreme Court of the United States · 1974
- Linda RS v. Richard D.Supreme Court of the United States · 1973
- United States v. James P. LinnCourt of Appeals for the Tenth Circuit · 1975
7 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Mullis v. United States Bankruptcy Court for the District of NevadaCourt of Appeals for the Ninth Circuit · 1987
- Supreme Court of Virginia v. Consumers Union of the United States, Inc.Supreme Court of the United States · 1980
- Frank Slavin v. Tim Curry Etc.Court of Appeals for the Fifth Circuit · 1978
- In Re the Justices of the Supreme Court of Puerto Rico, in Re Colegio De Abogados De Puerto Rico, and Fundacion Colegio De AbogadosCourt of Appeals for the First Circuit · 1982
- Hauptmann v. WilentzDistrict Court, D. New Jersey · 1983
44 more not listed; retrieve them via the Exa API.