Legal Opinion · Dissent

Tejada-Batista v. Fuentes-Agostini

Court of Appeals for the First Circuit

Decided September 20, 2005No. 03-1841Published

1DissentCarter, Senior District Judge

The majority opinion in this case represents a startling anomaly in the established jurisprudence of American compensatory justice — it holds that Plaintiffs may recover damages where it is established without question and as a matter of lato that no action of the Defendants proximately caused the damages for which recovery is allowed. The majority founds the result upon an attempted distinction of the case of Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977), and its own views of correct “policy” in the application of a holding of the United…

2Cases cited8 opinions

  1. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  2. Beattie v. Madison County School DistrictCourt of Appeals for the Fifth Circuit · 2001
  3. Williams v. Ashland Engineering Co.Court of Appeals for the First Circuit · 1995
  4. Waddie Jusino v. Carmen Sonia Zayas, Etc.Court of Appeals for the First Circuit · 1989
  5. Johnson v. State of LouisianaCourt of Appeals for the Fifth Circuit · 2004

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