PETROFSKY

v.

RICHARDS

Citator

Cited By (13 total)

• Santiago-Negron v. Modesto Castro-Davila, 865 F.2d 431 (1st Cir. 1989)
  …seeking compensation or other legal relief under 42 U.S.C. § 1983 has a right to a jury trial ... although the request for back pay under section 1983 seeks only equitable relief.” Laskaris v. Thornburgh, 733 F. 2d 260, 263 (3d Cir.), cert. denied, 469 U.S. 886, 105 S.Ct. 260, 83 L.Ed.2d 196 (1984). The only circuit, as far as we can determine, that has explicitly found back pay to be legal damages is the Eighth. Setser v. Novack Investment Co., 638 F. 2d 1137 (8th Cir.), cert. denied, 454 U.S. 1064, 102…
• Dick Dickeson and Beth Weaver v. Deloyd Quarberg & the Bd. of Cnty. Comm'rs of Hot Springs Cnty., 844 F.2d 1435 (10th Cir. 1988)
  …n (or here, particular political association and support) was an appropriate requirement for the effective performance of the public office involved, under the Branti standard. Laskaris v. Thornburgh, 733 F. 2d 260, 264 n. 4 (3d Cir.), cert. denied, 469 U.S. 886, 105 S.Ct. 260, 83 L.Ed.2d 196 (1984). The burden on the plaintiffs is to prove that their discharge or threat of discharge was for the reason that they were affiliated with ex-Sheriff Harvey. Branti, 445 U.S. at 517, 100 S.Ct. at 1294 (quoting Elro…
• COX v. Keystone Carbon Co., 861 F.2d 390 (3d Cir. 1988)
  …first opportunity to resolve it. It is established law in this circuit that the substance of the pleadings must be examined to determine if the issues raised are triable to a jury. Laskaris v. Thornburgh, 733 F. 2d 260, 264 (3d Cir.), cert. denied, 469 U.S. 886, 105 S.Ct. 260, 83 L.Ed.2d 196 (1984). As this court previously recognized “[t]he difference between actions brought under subsections (a)(1)(B) and (a)(3) of ERISA is often difficult to discern in situations such as this one where the complaint is…