# United States v. City of Philadelphia

> Court of Appeals for the Third Circuit · December 29, 1980 · 644 F.2d 187

URL: https://www.frixlaw.com/law-library/cases/8912998

## Case

- **Full name:** United States v. CITY OF PHILADELPHIA William J. Green, Mayor of Philadelphia W. Wilson Goode, Managing Director Marvin E. Aronson, M.D., Medical Examiner G. Edward DeSeve, Director of Finance Morton B. Solomon, Police Commissioner William Devlin, Deputy Police Commissioner Donald Gravatt, Deputy Police Commissioner Robert Armstrong, Chief Inspector, Philadelphia Police Department (Internal Affairs Bureau) Gregore Sambor, Chief Inspector, Philadelphia Police Department (Training Bureau) Frank A. Scafidi, Chief Inspector, Philadelphia Police Department (Detective Bureau Headquarters Units) successor to position of Chief Inspector, Philadelphia Police Department (Detective Bureau Field Offices) successor to position of Chief Inspector, Philadelphia Police Department (Staff Services Bureau) Robert Wolfinger, Chief Inspector, Philadelphia Police Department (Command Inspector) successor to functions of Chief Inspector, Philadelphia Police Department (Patrol Bureau South) successor to position of Chief Inspector, Philadelphia Police Department (Command Inspector) John Craig, Chief Inspector, Philadelphia Police Department (Patrol Bureau North) John McHugh, Chief Inspector, Philadelphia Police Department (Special Patrol Bureau) Francis X. O'Shea, Chief Inspector, Philadelphia Police Department (Community Relations Bureau) David Cordivari, Captain of the Philadelphia Police Department David Owens, Superintendent of Prisons
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** December 29, 1980
- **Citations:** 644 F.2d 187
- **Precedential status:** Published
- **Opinion:** On rehearing by Aldisert
- **Judges:** Aldisert, Gibbons
- **Cited by:** 138 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit, 507 U.S. 163 (1993).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8912998

## How later opinions describe it (automated extraction)

- 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
- holding that there is no private right of action under 18 U.S.C. § 241

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8912998. Public record. Not legal advice.