explaining Wood v. Strickland, 420 U.S. 308, 319-20, 95 S.Ct. 992, 999-1000, 43 L.Ed.2d 214 (1975)
How later courts described this case
- explaining Wood v. Strickland, 420 U.S. 308, 319-20, 95 S.Ct. 992, 999-1000, 43 L.Ed.2d 214 (1975)
- "As is clear from the language of the Rule, it is applicable to situations in which a class of plaintiffs seeks injunctive relief against a single defendant .... To proceed under 23(b)(2) against a class of defendants would constitute the plaintiffs as ‘the party opposing the class,' and would create the anomalous situation in which the plaintiffs’ own actions or inactions could make injunctive relief against the defendants appropriate.”
- potential ambiguity in Fed.R.Civ.P. 23(b)(2) construed by reference to the rale’s language and purpose
- see footnote 6 infra
Written by the judges who cited it.
The opinion
RUSSELL, Circuit Judge,
concurring and dissenting:
As to Mrs. Gough, I concur in all of Judge Widener’s opinion except part VI thereof, and as to that part of his opinion I *875 agree with the principles stated therein, but on the facts of her case I would not require that reinstatement be offered Mrs. Gough because she did not ask for it after her baby was born.
As to Mrs. Paxman, I think she suffered no constitutional wrong for the reasons stated by Judge Haynsworth in part IV of his opinion. Therefore, I think none of the various opinions filed has any application to her except part IV of Judge Haynsworth’s opinion as mentioned.