Pasquale L. Gallizzi v. Juanita Williams

Fifth Circuit

Pasquale L. Gallizzi v. Juanita Williams

423 F.2d 1213, 1970 U.S. App. LEXIS 10162

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 24, 1970

Docket28798

StatusPublished

Cited by2 cases

This text of 423 F.2d 1213 (Pasquale L. Gallizzi v. Juanita Williams) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pasquale L. Gallizzi v. Juanita Williams, 423 F.2d 1213, 1970 U.S. App. LEXIS 10162 (5th Cir. 1970).

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Opinion

PER CURIAM:

The United States District Court for the Middle District of Florida dismissed the complaint of the plaintiff-appellant, Gallizzi, against certain em *1214 ployees and former employees at the Veterans Administration Center at Bay Pines, Florida. 1 It is difficult to discern any logical or reasonable meaning from the allegations of the plaintiff’s complaint, but at best it appears to be frivolous and plainly barred by the doctrine of official immunity as set forth in a number of cases. See Barr v. Matteo, 360 U.S. 564, 79 S.Ct. 1335, 3 L.Ed.2d 1434 (1959); Norton v. McShane, 332 F.2d 855 (5th Cir. 1964), cert. denied, 380 U.S. 981, 85 S.Ct. 1345, 14 L.Ed.2d 274; United States v. Faneca, 332 F.2d 872 (5th Cir. 1964).

In our opinion the appeal is frivolous and the same is hereby dismissed.

1

. We have concluded on the merits that this case is of the character that does not justify oral argument. Therefore, we have directed the Clerk to place the case on the Summary Calendar and to notify the parties of this action in writing. 5 Cir.R. 18; see Huth v. Southern Pacific Co., 5 Cir., 1969, 417 F.2d 526, 527-530; Murphy v. Houma Well Service, 5 Cir., 1969, 409 F.2d 804, 805-808.

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PER CURIAM:

The United States District Court for the Middle District of Florida dismissed the complaint of the plaintiff-appellant, Gallizzi, against certain em *1214 ployees and former employees at the Veterans Administration Center at Bay Pines, Florida. 1 It is difficult to discern any logical or reasonable meaning from the allegations of the plaintiff’s complaint, but at best it appears to be frivolous and plainly barred by the doctrine of official immunity as set forth in a number of cases. See Barr v. Matteo, 360 U.S. 564, 79 S.Ct. 1335, 3 L.Ed.2d 1434 (1959); Norton v. McShane, 332 F.2d 855 (5th Cir. 1964), cert. denied, 380 U.S. 981, 85 S.Ct. 1345, 14 L.Ed.2d 274; United States v. Faneca, 332 F.2d 872 (5th Cir. 1964).

In our opinion the appeal is frivolous and the same is hereby dismissed.

1

. We have concluded on the merits that this case is of the character that does not justify oral argument. Therefore, we have directed the Clerk to place the case on the Summary Calendar and to notify the parties of this action in writing. 5 Cir.R. 18; see Huth v. Southern Pacific Co., 5 Cir., 1969, 417 F.2d 526, 527-530; Murphy v. Houma Well Service, 5 Cir., 1969, 409 F.2d 804, 805-808.

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423 F.2d 1213, 1970 U.S. App. LEXIS 10162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pasquale-l-gallizzi-v-juanita-williams-ca5-1970.

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