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Charters v. Shaffer

CHARTERS v. SHAFFER Et Al.

Charters v. Shaffer, 181 F.2d 764 (3d Cir. 1950)
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Court
Court of Appeals for the Third Circuit · U.S. Courts of Appeals
Decided
April 26, 1950
Docket
No. 10125_1
Judges
Kalodner, Maris, McLAUGHLIN, Per Curiam
Citations
181 F.2d 7641950 U.S. App. LEXIS 2694

Opinion — Per Curiam

PER CURIAM.

This is a suit under Section 1979 of the Revised Statutes. 8 U.S.C.A. § 43 . The plaintiff asserts that the refusal of the defendant commissioners of the Township of Springfield, Montgomery County, Pennsylvania, to reinstate him as a township policeman has deprived him of rights, privileges or immunities secured by the Constitution and laws of the United States and he seeks damages for the deprivation. At the close of the trial the trial judge dismissed the complaint upon motion of the defendants and the plaintiff has appealed.

It is perfectly plain that the plaintiff’s right, if any he has, to be reinstated as a township policeman is derived solely from the law of Pennsylvania. This is not a right secured by the Constitution and laws of the United States within the meaning of Section 1979 of the Revised Statutes. The district court, therefore, did not err in dismissing the complaint. Accordingly its judgment will be affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1965: 11966: 11968: 11969: 21971: 21973: 21975: 219652026peak 1969 · 2

Relies on it most ⓘ

  1. Boulware v. Battaglia327 F. Supp. 368 (D. Del. 1971)
  2. Lucille Sarteschi v. Lester F. Burlein, Chairman, Pennsylvania Turnpike Commission508 F.2d 110 (3d Cir. 1975)
  3. Sauls v. Hutto304 F. Supp. 124 (E.D. La. 1969)
  4. Kregger v. Posner248 F. Supp. 804 (E.D. Mich. 1966)
  5. Henry Dorsey v. National Association for the Advancement of Colored People408 F.2d 1022 (5th Cir. 1969)
  6. Johnson v. Branch242 F. Supp. 721 (E.D.N.C. 1965)

Most recent

  1. Lee v. Baroski404 F. Supp. 1394 (W.D. Va. 1975)
  2. Lucille Sarteschi v. Lester F. Burlein, Chairman, Pennsylvania Turnpike Commission508 F.2d 110 (3d Cir. 1975)
  3. Saunders v. Cahill359 F. Supp. 79 (N.D. Ill. 1973)
  4. Abbott v. Thetford354 F. Supp. 1280 (M.D. Ala. 1973)
  5. City of Boston v. Massachusetts Port Authority444 F.2d 167 (1st Cir. 1971)
  6. Boulware v. Battaglia327 F. Supp. 368 (D. Del. 1971)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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