CHENG

v.

GAF CORP.

Citator

Cited By

• Irby v. Sullivan, 737 F.2d 1418 (5th Cir. 1984)
  …is a "person” under section 1983, id. at 690, 98 S.Ct. at 2035, nor whether it is an agency or department of the State of Texas protected by the Eleventh Amendment. See Van Ooteghem v. Gray, 654 F. 2d 304, 306 (5th Cir.1981) (en banc), cert. denied, 455 U.S. 909, 102 S.Ct. 1255, 71 L.Ed.2d 447 (1982). Finally, the district court has not determined whether Irby’s firing was carried out "pursuant to ‘official policy’ of the county [or sheriff] such as would render the county government liable for [damages] i…
• Gordon v. Norman, 788 F.2d 1194 (6th Cir. 1986)
  …ts employee as defendants in a section 1983 action are in conflict. See Van Ooteghem v. Gray, 628 F. 2d 488, 495 n. 7 (5th Cir.1980), aff'd in part, vacated in part on other grounds, 654 F. 2d 304 (5th Cir.1981) (en banc) (per curiam), cert. denied, 455 U.S. 909, 102 S.Ct. 1255, 71 L.Ed.2d 447 (1982). A municipality may avoid liability by showing that the employee was not acting within the scope of his official duties, because his unofficial actions would not be pursuant to municipal policy. The employer, b…

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• Stotter Div. OF Graduate Plastics Co., Inc. v. Dist. 65, United Auto Workers, AFL-CIO, 991 F.2d 997 (2d Cir. 1993)
  …etal Indus. Trust Fund v. Commercial Roofing & Sheet Metal, 655 F. 2d 1218, 1224-25 (D.C.Cir.1981) (payments required to be made to trust fund despite structural flaw in violation of equal representation requirement of § 186(c)(5)(B)), cert. denied, 455 U.S. 909, 102 S.Ct. 1256, 71 L.Ed.2d 447 (1982); Quad City Builders Ass’n v. Tri City Bricklayers Union No. 7, 431 F. 2d 999, 1004 (8th Cir.1970) (despite § 186(c)(5)(B) structural flaw, contributions may continue to be received). GPC’s reliance upon Brickl…