Legal Opinion
Klein v. New Castle County
District Court, D. Delaware
Decided January 31, 1974No. Civ. A. 74-1PublishedCited by 6 opinions
1Opinion of the Court
OPINION
LATCHUM, Chief Judge.
This Civil Rights action was brought pursuant to 42 U.S.C. § 1983 by a public employee contesting his imminent removal as Treasurer of New Castle County on the ground that his discharge was accomplished in a constitutionally impermissible manner.
At the outset, the Court will dismiss New Castle County as a defendant. A political subdivision of- a state is not amenable to suit as a “person” under 42 U.S.C. § 1983 where either monetary damages or equitable relief is sought against it. City of Kenosha v. Bruno, 412 U.S. 507, 93 S.Ct. 2222, 37 L. Ed.2d 109 (1973). The…
2Cases cited12 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Barker v. WingoSupreme Court of the United States · 1972
- Ex Parte YoungSupreme Court of the United States · 1908
- Perry v. SindermannSupreme Court of the United States · 1972
- Pierson v. RaySupreme Court of the United States · 1967
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- 12 Fair empl.prac.cas. 836, 11 Empl. Prac. Dec. P 10,755 Jane Monell v. Department of Social Services of the City of New York, DefendantsCourt of Appeals for the Second Circuit · 1976
- Town of Speedway v. HarrisIndiana Court of Appeals · 1976
- Condosta v. Vermont Electric Cooperative, Inc.District Court, D. Vermont · 1975
- Needleman v. BohlenDistrict Court, D. Massachusetts · 1974
- Tunnell v. Office of Public DefenderDistrict Court, E.D. Pennsylvania · 1984
1 more not listed; retrieve them via the Exa API.