Opinion

Allen L. Lamar, Cross-Appellant v. L.A. Steele, Cross-Appellee

693 F.2d 559 · Court of Appeals for the Fifth Circuit · Feb 28, 1983

Full text

Allen L. LAMAR, Petitioner-Appellee Cross-Appellant, v. L.A. STEELE, Respondent-Appellant Cross-Appellee

Opinions in this case

Opinion — Politz
Opinion — Per curiam

PER CURIAM: The application for rehearing complains that our opinion would allow a 42 U.S.C. § 1983 cause of action to be based on “mere words” or “idle threats.” This reflects a misperception of our holding. Threats alone are not enough. A section 1983 claim only accrues when the threats or threatening conduct result in a constitutional deprivation. Subject to this explanation, and treating the suggestion for rehearing en banc as a petition for panel rehearing, it is ordered that the petition for panel rehearing is DENIED. No member of the panel nor judge in regular active service of this court having requested that the court be polled on rehearing en banc (Rule 35, Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 16), the suggestion for Rehearing En Banc is DENIED.

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Parentheticals

contested state action aimed at precluding plaintiff 's participation in future litigation implicated First Amendment's protections of free speech and right to petition
Madonna Sterling, of the Estate of Marcus Anthony Wayman v. Borough of Minersville F. Scott Wilinsky, Police Officer Thomas Hoban, Police Officer Joseph Wilinsky, Police Chief, Individually and as Police Officers for the Borough of Minersville Officer F. Scott Wilinsky and Officer Thomas Hoban
“A section 1983 claim only accrues when the threats or threatening conduct result in a constitutional deprivation.”
Hunter v. Butler
“Threats alone are not enough. A section 1983 claim only accrues when the threats or threatening conduct result in a constitutional deprivation.”
Powell v. Temple
“Threats alone are not enough. A [§] 1983 claim only accrues when the threats or threatening conduct result in a constitutional deprivation.”
Giles v. West
“Threats alone are not enough. A [§] 1983 claim only accrues when the threats or threatening conduct result in a constitutional deprivation.”
Mathews v. Southwest Virginia Regional Jail
“Threats alone are not enough. A [§] 1983 claim only accrues when the threats or threatening conduct result in a constitutional deprivation.”
Wright v. McCowan
“Threats alone are not enough. A [§] 1983 claim only accrues when the threats or threatening conduct result in a constitutional deprivation.”
Baltas v. Cook
“Threats alone are not enough. A [§] 1983 claim only accrues when the threats or threatening conduct result in a constitutional deprivation.”
Cooper v. Johnsin
Threats alone are not enough. A section 1983 claim only accrues when the threats or threatening conduct results in a constitutional deprivation.”
Gregory Reginald Jynes v. Orleans Parish Sheriff’s Office, et al.