Legal Opinion

Daigle v. Opelousas Health Care, Inc.

Court of Appeals for the Fifth Circuit

Decided October 30, 1985No. 85-4088PublishedCited by 49 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

The plaintiffs in this civil rights action under 42 U.S.C. § 1983 seek to recover for the death of their grandmother as an alleged result of beatings sustained in a nursing home. The district court dismissed the action for want of federal jurisdiction. Although we find that the district court had jurisdiction, we affirm the dismissal under Rule 12(b)(6), holding that the plaintiffs failed to demonstrate the state action or nexus that is a prerequisite to their claim for relief.

I

Pearl Venable Daigle lived in a nursing home operated by Opelousas Health Care, *1346Inc.…

2Cases cited34 opinions

  1. Bell v. HoodSupreme Court of the United States · 1946
  2. Hagans v. LavineSupreme Court of the United States · 1974
  3. Jackson v. Metropolitan Edison Co.Supreme Court of the United States · 1974
  4. Flagg Bros., Inc. v. BrooksSupreme Court of the United States · 1978
  5. Blum v. YaretskySupreme Court of the United States · 1982

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

3Cited by49 opinions

  1. Watkins v. Resorts International Hotel & Casino Inc.Supreme Court of New Jersey · 1991
  2. Sidney Wong v. John Stripling, Etc.Court of Appeals for the Fifth Circuit · 1989
  3. Kulick, Robert J. v. Pocono Downs Racing Ass'n, Inc. Banks, Joseph, in His Capacity as President of Pocono Downs Racing Ass'n, Inc.Court of Appeals for the Third Circuit · 1987
  4. Condor Corporation, a Minnesota Corporation v. City of St. Paul, a Municipal CorporationCourt of Appeals for the Eighth Circuit · 1990
  5. Anne Arundel County Board of Education v. NorvilleCourt of Appeals of Maryland · 2005

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

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