Legal Opinion

Tomas Menchaca and Wife, Irma Menchaca v. Chrysler Credit Corporation

Court of Appeals for the Fifth Circuit

Decided March 7, 1980No. 77-3186PublishedCited by 654 opinions

1Opinion of the Court

INGRAHAM, Circuit Judge:

This appeal emerges from a dispute surrounding the presence of the defendant police officers during the course of a repossession of plaintiffs’ automobile by agents of defendant Chrysler Credit Corporation. Plaintiffs’ civil rights complaint under 42 U.S.C. § 1983 was the subject of a motion to dismiss for lack of the requisite subject matter jurisdiction. The district court held a hearing and found that the necessary state action element was missing. Accordingly, the motion was granted and the complaint dismissed. Plaintiffs timely appealed to this court seeking…

2Cases cited10 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Flagg Bros., Inc. v. BrooksSupreme Court of the United States · 1978
  3. Mortensen v. First Federal Savings & Loan Ass'nCourt of Appeals for the Third Circuit · 1977
  4. McLain v. Real Estate Board of New Orleans, Inc.Supreme Court of the United States · 1980
  5. Gilbert v. DavidSupreme Court of the United States · 1915

5 more not listed; retrieve them via the Exa API.

3Cited by654 opinions

  1. Lawrence H. Ramming v. United States of America, John Thomas Cloud v. United StatesCourt of Appeals for the Fifth Circuit · 2001
  2. John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1981
  3. Joseph Osborn and Pamela Osborn, Individually and as Father and Mother and Guardians Ad Litem of Shawna Osborn v. United StatesCourt of Appeals for the Eighth Circuit · 1990
  4. Dolcie Lawrence v. Peter Dunbar, United States of AmericaCourt of Appeals for the Eleventh Circuit · 1990
  5. Valentin-De-Jesus v. United HealthcareCourt of Appeals for the First Circuit · 2001

649 more not listed; retrieve them via the Exa API.

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