WAGONER ET AL., DOING BUSINESS AS STYLE WAGONER CONSTRUCTION CO.,
v.
CONSOLIDATED FAIRVIEW SCHOOL DISTRICT NO. 5 ET AL.

U.S. | 1961-11-20
No. 408
368 U.S. 921 Supreme Court of the United States (1961) Positive Treatment
Cited by 13 cases

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Cited By (13 total)

  • Gilmere v. City OF Atlanta, 774 F.2d 1495 (11th Cir. 1985)
    …"affirmative link” between the supervi [*1506] sors’ conduct and the constitutional injury, as required by Rizzo v. Goode, 423 U.S. 362, 377, 96 S.Ct. 598, 607, 46 L.Ed.2d 561 (1976). . In Brazier v. Cherry, 293 F. 2d 401 (5th Cir.), cert. denied, 368 U.S. 921, 82 S.Ct. 243, 7 L.Ed.2d 136 (1961), the Fifth Circuit acknowledged that the federal civil rights laws do not speak to survivorship of actions, and the courts must, therefore, look to the laws of the states in which they sit to determine if provisio…
  • United States v. Chase, 372 F.2d 453 (4th Cir. 1967)
    …an indictment by the Richmond grand jury was a finding that probable cause did exist and obviated the need for another preliminary hearing. United States v. Heap, 345 F. 2d 170 (2 Cir. 1965); Nelson v. Sacks, 290 F. 2d 604 (6 Cir. 1961), cert. den. 368 U. S. 921, 82 S.Ct. 244, 7 L.Ed.2d 136 (1961). Blue v. United States, 119 U.S. App.D.C. 315, 342 F. 2d 894 (D.C. Cir. 1964), cert. den. 380 U.S. 944, 85 S.Ct. 1029, 13 L.Ed.2d 964 (1965), is not to the contrary, because what was said in that case turned on th…
  • …rongful death claims as a property, right.5 We have previously recognized the rights of survivors to bring a wrongful death action under sections 1983 and 1988 where authorized by state law. Brazier v. Cherry, 293 F. 2d 401 (5th Cir.), cert. denied, 368 U.S. 921, 82 S.Ct. 243, 7 L.Ed.2d 136 (1961). In Brazier, we held that in enacting section 1988, “Congress adopted as federal law the currently effective state law on the general right of survival.” 293 F. 2d at 405 (emphasis added).6 Violation of the Rig…

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