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Robertson Vs. Wegmann

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  • US Supreme Court
  • May 31, 1978

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  1. Shaw Vs. Garrison US Supreme Court · Dec 09, 1968
  2. GriffIn Vs. Breckenridge US Supreme Court · Jun 07, 1971
  3. Mitchum Vs. Foster US Supreme Court · Jun 19, 1972
  4. Monroe Vs. Pape US Supreme Court · Feb 20, 1961
  5. Michigan Central R. Co. Vs. Vreeland US Supreme Court · Jan 20, 1913
  6. Carey Vs. Piphus US Supreme Court · Mar 21, 1978
  7. imbler Vs. Pachtman US Supreme Court · Nov 03, 1975
    Relied / Followed
  8. Pierson Vs. Ray US Supreme Court · Apr 11, 1967
  9. U.S. 584 (1978) U.S. Supreme Court Robertson v. Wegmann
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  10. U.S. 584 (1978) Robertson v. Wegmann
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  11. On Shaw's application, the District Court enjoined prosecution of the perjury action, Shaw v. Garrison
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  12. Moor v. County
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  13. Page 436 U. S. 589 Moor v. County
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  14. of Alameda, supra at 411 U. S. 703 , quoting Sullivan v. Little
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  15. Hunting Park, Inc., 396 U. S. 229 , 396 U. S. 240 (1969). As we noted in Moor v. County
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  16. Michigan Central R. Co. v. Vreeland
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  17. Sullivan v. Little
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  18. Moor v. County
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  19. Johnson v. Railway
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  20. U. S. 88 , 403 U. S. 97 (1971), quoting United States v. Price
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  21. of federal rights and prevention of abuses of power by those acting under color of state law. See, e.g., Carey v. Piphus
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  22. J. Wilton Jones Co. v. Liberty
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  23. F.Supp. at 1363, or if it significantly restricted the types of actions that survive. Cf. Carey v. Piphus
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  24. Brazier v. Cherry
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  25. The Court of Appeals held that this Court's decision in Younger v. Harris
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  26. s passage in 1866, See Swift v. Tyson
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  27. Moor v. County
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  28. The latter interpretation has received some judicial and scholarly support. See, e.g., Basista v. Weir
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  29. and Federal Common Law, 36 La.L.Rev. 681, 68685 (1976). See also Carey v. Piphus
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  30. ed.1971), and a large number of States also provide for abatement of malicious prosecution actions, see, e.g., Dean v. Shirer
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  31. Hall v. Wooten
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  32. action when such is allowed by state law, see Moor v. County
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  33. I see no need to resort to the myriad of state rules governing the survival of state actions. First. In Sullivan v. Little
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  34. the problems of immunity and damages under the Civil Rights Acts. Only this Term, in Page 436 U. S. 597 Carey v. Piphus
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  35. the Court has consistently relied on federal common law rules. As Carey v. Piphus
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  36. recognizes, id. at 435 U. S. 258 n. 13, in attributing immunity to prosecutors, Imbler v. Pachtman
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  37. to judges, Pierson v. Ray
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  38. a), Textile Workers v. Lincoln
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  39. transactions in commercial paper issued by the United States where the United States is a party, Clearfield Trust Co. v. United
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  40. to which the United States was a party and that bore heavily upon a federal wildlife regulatory program, United States v. Little
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  41. Lake Misere Land Co., 412 U. S. 580 (1973). See also Auto Workers v. Hoosier
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  42. where that law fails to give adequate expression to important federal concerns. See Sullivan v. Little
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  43. when there was malicious intention to deprive a person of his constitutional rights, is particularly strong, as Carey v. Piphus
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  44. U.S. Supreme Court Robertson v. Wegmann
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  45. Cf. Carey v. Piphus
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  46. Brazier v. Cherry
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  47. Younger v. Harris
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  48. See Swift v. Tyson
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  49. Basista v. Weir
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  50. Dean v. Shirer
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