# Raymond Muzquiz v. City of San Antonio

> Court of Appeals for the Fifth Circuit · February 27, 1976 · 528 F.2d 499

URL: https://www.frixlaw.com/law-library/cases/9462360

## Case

- **Full name:** Raymond MUZQUIZ Et Al., Plaintiffs-Appellants, v. CITY OF SAN ANTONIO Et Al., Defendants-Appellees
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** February 27, 1976
- **Citations:** 528 F.2d 499; 1976 U.S. App. LEXIS 12652
- **Precedential status:** Published
- **Opinion:** Concurring in part by Brown
- **Judges:** Ainsworth, Bell, Brown, Coleman, Dyer, Gewin, Godbold, Goldberg, Thornberry, Tut-Tle, Tuttle, Wisdom
- **Cited by:** 53 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated by Thurston v. Dekle, 438 U.S. 901 (1978).
- Negative treatments: 1
- Distinguished by: 1
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9462360

## How later opinions describe it (automated extraction)

- holding that neither the city nor the Board of Trustees of the policeman and fireman pension fund was a § 1983 “person”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9462360. Public record. Not legal advice.