BALDWIN ET AL.
v.
FISH AND GAME COMMISSION OF MONTANA ET AL.

U.S. | 1977-02-22
No. 76-5528
429 U.S. 1089 Supreme Court of the United States (1977) Positive Treatment
Cited by 2 cases

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  • Briggs v. Goodwin, 569 F.2d 10 (D.C. Cir. 1977)
    …suit against a state official. Prior decisions in this circuit and elsewhere provide abundant support for our comments in this regard. See, e. g., Economou v. United States Dept, of Agriculture, 535 F. 2d 688, 695 n. 7 (2d Cir. 1976), cert, granted, 429 U.S. 1089, 97 S.Ct. 1097, 51 L.Ed.2d 534 (1977); Mark v. Groff, 521 F. 2d 1376, 1380 (9th Cir. 1975), and Apton, supra, relying on the Supreme Court’s holding in Scheuer, which was a § 1983 suit, even though Apton involved federal officials sued under the Fou…
  • Jennings v. Shuman, 567 F.2d 1213 (3d Cir. 1977)
    …d on his own recognizance. Such deprivations without due process state an injury actionable under section 1983.10 See, e. g., Economou v. United States Department of Agriculture, 535 F. 2d 688 (2d Cir. 1976), cert. granted sub nom. Butz v. Economou, 429 U.S. 1089, 97 S.Ct. 1097, 51 L.Ed.2d 534 (1977). Although we conclude that the complaint states a claim for relief under § 1983, we reach the opposite conclusion [*1221] regarding the claim under 42 U.S.C. § 1985(3). In contrast to § 1983, which provides a c…

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