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Clarence Watson v. Leroy Stynchombe, Sheriff, Etc.

Clarence WATSON, Plaintiff-Appellant, v. Leroy STYNCHOMBE, Sheriff, Et Al., Etc., Defendants-Appellees

Watson v. Leroy Stynchombe,, Etc., 504 F.2d 393 (5th Cir. 1974)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
December 27, 1974
Docket
No. 393
Judges
Gewin, Godbold, Clark
Citations
504 F.2d 393

Opinion — Per Curiam

PER CURIAM:

Watson sued the Sheriff and Deputy Sheriff of Fulton County, Georgia, under 42 U.S.C. § 1983 , seeking damages for the alleged wrongful withholding of personal property taken from him upon his incarceration. He alleged jurisdiction by virtue of 28 U.S.C. §§ 1331 and 1343. The district court dismissed his petition on the ground that it was a verbatim copy of a previous petition which had been dismissed for failure to state a civil rights cause of action.

1

We vacate and remand to the district court for reconsideration in light of Lynch v. Household Finance Corp., 405 U.S. 538 , 92 S.Ct. 1113 , 31 L.Ed.2d 424 (1972), which held that there is no distinction between personal liberties and *394 property rights with respect to jurisdiction under 28 U.S.C. § 1343 (3).

See Montana v. Harrelson, 469 F.2d 1091 (5th Cir. 1972).

Vacated and remanded.

1

. This original dismissal was clearly for lack of § 1983 based jurisdiction and expressly preserved plaintiff’s right to litigate his property loss in state court. Defendants’ contention that it had res judicata effect is not well taken. Hughes v. United States, 71 U.S. (4 Wall.) 232 , 18 L.Ed. 303 (1866) ; Tyler Gas Service Co. v. Federal Power Commission [ 101 U.S.App.D.C. 184 ], 247 F.2d 590 (1957) ;

see Fed.R.Civ.P. 41(b).

How later courts describe this case

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

1975: 31977: 11979: 11989: 119752026peak 1975 · 3

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 4

DepthCaseCited by
Lynch v. Household Fin. Corp., 405 U.S. 538 (1972) 524
Hughes v. United States, 71 U.S. (4 Wall.) 232 (1866) 185
Tyler Gas Serv. Co., & City of Tyler, Tex. v. Fed. Power Comm'n, United Gas Pipe Line Co., 247 F.2d 590 (D.C. Cir. 1957) 13
Montana v. Lan E. Harrelson,, Tex. Dep't of Corr., 469 F.2d 1091 (5th Cir. 1972) 5

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