James E. Garrison v. The County of Bernalillo and the County of Santa Fe
This text of 338 F.2d 1002 (James E. Garrison v. The County of Bernalillo and the County of Santa Fe) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The trial Court authorized the filing of this suit in forma pauperis against the Counties of Bernalillo and Santa Fe, New Mexico, as one cognizable under the Civil Rights Act (42 U.S.C. § 1983, R.S. § 1979). The trial Court dismissed the same without authorizing service, on the ground that the defendant counties were not within the ambit of the statute, as construed in Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492.
We agree, and 'the judgment is affirmed.
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338 F.2d 1002, 1964 U.S. App. LEXIS 3664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-e-garrison-v-the-county-of-bernalillo-and-the-county-of-santa-fe-ca10-1964.