Legal Opinion

Katie Ruth Anderson v. J. J. Nosser, James Bradley v. J. J. Nosser

Court of Appeals for the Fifth Circuit

Decided March 3, 1972No. 28971PublishedCited by 126 opinions

1Opinion of the Court

BELL, Circuit Judge:

The court, having been convened en banc, having considered additional briefs and having heard oral argument, modifies the panel decision in this matter, Anderson v. Nosser, 5 Cir., 1971, 438 F. 2d 183, as follows.

I

The federal cause of action is premised on 42 U.S.C.A. § 1983. The panel decision was that the uncontradicted evidence made out a case as a matter of law that cruel and unusual punishment was inflicted upon plaintiffs, or some of them, at the Parchman State Penitentiary. Section 1983 vouchsafes “ [all] rights, privileges or immunities secured by the…

Also in this document: Concurrence; Concurring in part, dissenting in part · Tuttle; Concurring in part, dissenting in part · Goldberg.

2Cases cited8 opinions

  1. Monroe v. PapeSupreme Court of the United States · 1961
  2. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  3. Screws v. United StatesSupreme Court of the United States · 1945
  4. Weems v. United StatesSupreme Court of the United States · 1910
  5. William Whirl v. C. v. (Buster) Kern and Fidelity and Deposit Company of MarylandCourt of Appeals for the Fifth Circuit · 1969

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

3Cited by126 opinions

  1. Johnson v. GlickCourt of Appeals for the Second Circuit · 1973
  2. Procunier v. NavaretteSupreme Court of the United States · 1978
  3. Bowring v. GodwinCourt of Appeals for the Fourth Circuit · 1977
  4. Adam G. Nunez v. The Superior Oil CompanyCourt of Appeals for the Fifth Circuit · 1978
  5. William Oscar Hampton v. Holmesburg Prison Officials. Appeal of Richard BurkCourt of Appeals for the Third Circuit · 1976

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

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