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· 12/11/1929

Florida Public Utilities Co. v. City of West Palm Beach

Citations

  • 36 F.2d 318
  • 1929 U.S. App. LEXIS 2158

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • in the context of a “failure to act” claim, “the individual School Board members cannot ‘act’ independently.”
  • “The substantive component of the Due Process Clause protects students against abusive governmental power as exercised by a school.”
  • “A ‘duty’ under ‘color of law’ must be a distinct element of a section 1983 case alleging a ‘failure to act[,]’” and “[i]n the absence of a duty there is no section 1983 liability because the failure to act cannot be said to have occurred under color of law.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Foster

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.