GIBSON

v.

RICKETTS, WARDEN

Citator

Cited By (18 total)

• Berry v. State, 400 So. 2d 80 (Fla. 4th DCA 1981)
  …gly has held that a state may clothe its parole officials with absolute immunity to insure the uninhibited exercise of a parole authority’s discretion. See Martinez v. California, 444 U.S. 277, 100 S.Ct. 553, 62 L.Ed.2d 481 (1980), rehearing denied, 445 U.S. 920, 100 S.Ct. 1285, 63 L.Ed.2d 606 (1980). Applying the analysis recommended in Commercial Carrier Corp. v. Indian River County, supra, we conclude that the determination to grant parole is a discretionary, planning level decision which does not subje…
• Carter v. Estelle, 677 F.2d 427 (5th Cir. 1982)
  …ich applied the rationale of Burks to the states through the fourteenth amendment. See Bullard, supra, at 1354 n.14. Texas has also applied Burks retroactively to its own decisions. Ex parte Reynolds, 588 S.W. 2d 900 (Tex.Cr.App.1979), cert. denied, 445 U.S. 920, 100 S.Ct. 1284, 63 L.Ed.2d 605 (1980). . After the 1973 revision of the Texas Penal Code, the offense of embezzlement was consolidated with various other offenses into the single offense of theft. Tex.Pen.Code Ann. § 31.-02 (West).…
• Wise v. Bravo, 666 F.2d 1328 (10th Cir. 1981)
  …47 L.Ed.2d 128] (1976), it is perfectly clear that not every injury in which a state official has played some part is actionable under that statute.” Martinez v. California, 444 U.S. 277, 285, 100 S.Ct. 553, 559, 62 L.Ed.2d 481 (1980), reh. denied, 445 U.S. 920, 100 S.Ct. 1285, 63 L.Ed.2d 606 (1980). Section 1983 imposes liability for violations of rights protected by the Constitution or laws of the United States, not for violations of duties of care arising out of tort law. Remedies for the latter type o…

Authorities Cited

• Gregg v. Georgia, 428 U.S. 153 (U.S. 1976)