holding that neither the city nor the Board of Trustees of the policeman and fireman pension fund was a § 1983 “person”
How later courts described this case
- holding that neither the city nor the Board of Trustees of the policeman and fireman pension fund was a § 1983 “person”
- adopting in pertinent part 520 F.2d 1002, 1009 (Godbold, J., dissenting)
Written by the judges who cited it.
Distinguished
Distinguished by Richard Franklin Miller v. Dale Carson, Individually and in His Capacity as Sheriff of Duval County, Florida, 563 F.2d 741 (1977)
This Court held that the suit would fail because the relief requested was “tantamount to a money judgment for restitution against the fund”. 528 F.2d at 501. Muzquiz is distinguishable from the case we face now: the plaintiffs seek no transfer of money to themselves.
The opinion
JOHN R. BROWN, Chief Judge
(dissenting and concurring in part).
With respect to the meaning of “person” under § 1983, I concur in Judge Tuttle’s opinion.
With respect to the remedy against individual members of the Board of Trustees in either their personal or official capacities, I concur in the result in Part II of Judge Dyer’s opinion for the Court. I also concur in the opinion except that I reserve the question as to declaratory orders or injunctions which do not have the operative effect of directing restitution of the public funds.