Opinion

United States v. City of Philadelphia

  • 644 F.2d 187
Court
Court of Appeals for the Third Circuit
Filed
Dec 29, 1980
Status
Published
Author
Aldisert
On the bench
Aldisert, Gibbons
Cited by
138 cases

Overruled on other grounds by Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit, 507 U.S. 163 (1993)

holding that neither these sections, nor the Fourteenth Amendment itself “create in the government a right to maintain this action” for a civil injunction remedy

How later courts described this case

  • holding that neither these sections, nor the Fourteenth Amendment itself “create in the government a right to maintain this action” for a civil injunction remedy
  • affirming dismissal of complaint for injunctive and declaratory relief, rejecting argument of United States that criminal prosecutions under 18 U.S.C. §§ 241 and 242 are inadequate remedies
  • holding that § 242 is “designed to prevent violations of all fourteenth amendment rights”
  • holding that there is no private right of action under 18 U.S.C. §§ 241 , 242

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit, 507 U.S. 163 (1993)

    644 F.2d 187, 191-93 (3d Cir. 1980), overruled on other grounds, Leatherman v. Tarrant Cnty. Narcotics Intel. & Coordination Unit, 507 U.S. 163
    Supreme Court of the United StatesMar 3, 19932 citing opinionsother groundsRead it

The opinion

SUR PETITION FOR REHEARING

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges. *

ALDISERT, Circuit Judge.

The petition for rehearing filed by Appellant in the above entitled case having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the *207 court in banc, the petition for rehearing is denied.

SEITZ, Chief Judge and GIBBONS, A. LEON HIGGINBOTHAM, J., and SLOVI-TER, Circuit Judges, would grant the petition for rehearing.

Judge Adams did not participate in the consideration of this matter.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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