Opinion

2 Fair empl.prac.cas. 926, 2 Empl. Prac. Dec. P 10,235 Mildred Harkless v. The Sweeny Independent School District

  • 427 F.2d 319
  • 14 Fed. R. Serv. 2d 250
  • 2 Empl. Prac. Dec. (CCH) 10,235
  • 2 Fair Empl. Prac. Cas. (BNA) 926
  • 1970 U.S. App. LEXIS 8955
Court
Court of Appeals for the Fifth Circuit
Filed
Jun 2, 1970
Status
Published
Author
Jones
On the bench
Jones, Bell, God-Bold
Cited by
222 cases
Authority
More cited than 24.9%

holding that “under our system of law, a decision of a higher court is binding as a precedent to the extent of the ratio decidendi of the case”

How later courts described this case

  • holding that “under our system of law, a decision of a higher court is binding as a precedent to the extent of the ratio decidendi of the case”
  • finding that district court committed reversable error by trying an equitable claim for back pay to a jury
  • holding that back pay awards are diminished by earnings in the interim
  • approving "the exercise of federal judicial power through § 1983 to redress constitutional wrongs through requiring appropriate official acts by officials sued in their representative capacities"

Written by the judges who cited it.

The opinion

JONES, Circuit Judge,

(dissenting).

I am in agreement with the district court in its holding that Monroe v. Pape, 1961, 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 , means what it says and that it requires dismissal of appellants’ complaint for failure to state a claim upon which relief can be granted.

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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