Legal Opinion
Joiner v. City of Ridgeland, Miss.
District Court, S.D. Mississippi
Decided August 31, 1987No. Civ. A. J86-0064(B)PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
BARBOUR, District Judge.
The Court has before it the Motion of the City of Ridgeland for Summary Judgment on Dennis and Charles Joiner’s allegations that the city subjected them to an illegal arrest. The Joiners claim damages because of the arrest both under 42 U.S.C. § 1983 and as a Bivins -type direct action under the Fifth and Fourteenth Amendments of the United States Constitution. The Joiners were arrested pursuant to municipal arrest warrants signed not by a municipal court judge as required by law, but rather by a part-time municipal court clerk. The clerk…
2Cases cited16 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Pembaur v. City of CincinnatiSupreme Court of the United States · 1986
- Monroe v. PapeSupreme Court of the United States · 1961
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3Cited by3 opinions
- Adamson v. VolkmerDistrict Court, N.D. Illinois · 1987
- Montgomery v. HughesDistrict Court, S.D. Mississippi · 1988
- Gonsalves v. City of New BedfordDistrict Court, D. Massachusetts · 1996