Legal Opinion

Glen Grayson, by His Next of Friend John Grayson v. Kessler Montgomery

Court of Appeals for the First Circuit

Decided February 12, 1970No. 7406_1PublishedCited by 10 opinions

1Opinion of the Court

COFFIN, Circuit Judge.

After misdemeanor convictions in a Massachusetts state court, plaintiff Grayson sought equitable relief in federal district court under the Civil Rights Act, 42 U.S.C. § 1983. Named as defendants were the clerk and judges of Roxbury District Court, who had allegedly coerced plaintiff into waiving the right to appeal his convictions. The court below held an evidentiary hearing, but concluded that plaintiff’s suit was in essence a petition for habeas corpus and dismissed because of plaintiff’s failure to comply with the exhaustion requirements of 28 U.S.C. § 2254(b).

The…

2Cases cited29 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Fay v. NoiaSupreme Court of the United States · 1963
  3. Burford v. Sun Oil Co.Supreme Court of the United States · 1943
  4. Dombrowski v. PfisterSupreme Court of the United States · 1965
  5. Ex Parte RoyallSupreme Court of the United States · 1886

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3Cited by10 opinions

  1. Stephen Todd Booker v. Richard L. DuggerCourt of Appeals for the Eleventh Circuit · 1987
  2. Byron G. Smith v. Allan L. Robbins, WardenCourt of Appeals for the First Circuit · 1972
  3. Katz v. KingCourt of Appeals for the First Circuit · 1980
  4. Appalachian Volunteers, Inc. v. Charles Clark, Edward Lee Blankenship v. Clarles ClarkCourt of Appeals for the Sixth Circuit · 1970
  5. Peter W. Makarewicz v. Palmer C. Scafati, Superintendent of the Massachusetts Correctionalinstitution at Walpole, MassachusettsCourt of Appeals for the First Circuit · 1971

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