WALTON

v.

UNITED STATES

Citator

Cited By

• Bush v. Lucas, 462 U.S. 367 (U.S. 1983)
  …econd, that petitioner’s demotion was not a constitutional deprivation for which a damages action could be maintained.6 The United States Court of Appeals for the Fifth Circuit affirmed. 598 F. 2d 958 (1979). [*372] We vacated that court’s judgment, 446 U. S. 914 (1980), and directed that it reconsider the case in the light of our intervening decision in Carlson v. Green, 446 U. S. 14 (1980). The Court of Appeals again affirmed the judgment against petitioner. It adhered to its previous conclusion that “plai…
• Egger v. Harlan C. Phillips, 710 F.2d 292 (7th Cir. 1983)
  …Passman, 442 U.S. 228, 246-47, 99 S.Ct. 2264, 22772278, 60 L.Ed.2d 846 (1979) (quoting Bivens, supra, 403 U.S. at 397, 91 S.Ct. at 2005) (emphasis in Davis). Appellee’s reliance on Bush v. Lucas, 598 F. 2d 958 (5th Cir.1979), vacated and remanded, 446 U.S. 914, 100 S.Ct. 1846, 64 L.Ed.2d 268 (1980), on remand, 647 F. 2d 573, cert. granted, ___ U.S. ___, 102 S.Ct. 3481, 73 L.Ed.2d 1365 (1982), demonstrates the speciousness of appellee’s argument that Egger’s exemption from civil service protections preclud…
• Melva A. RAY v. Nimmo, 704 F.2d 1480 (11th Cir. 1983)
  …, the employee was entitled to pursue this avenue into the federal courts. Id at 961. The Supreme Court, however, vacated and remanded in light of its intervening decision in Carlson v. Green, 446 U.S. 14, 100 S.Ct. 1468, 64 L.Ed.2d 15 (1980). See 446 U.S. 914, 100 S.Ct. 1846, 64 L.Ed.2d 268 (1980). On remand, the Fifth Circuit panel altered its previous rationale, but adhered to its conclusion. Rather than holding that the civil service remedy was an adequate substitute for a direct action, the court u…