Johnson v. Lankford

Citations

• 245 U.S. 541
• 38 S. Ct. 203
• 62 L. Ed. 460
• 1918 U.S. LEXIS 2103

Syllabus

<p>An action against the Bank Commissioner of Oklahoma personally and his surety to recover damages for the loss of plaintiff's bank deposit, alleged to have been due to the Commissioner’s failure to safeguard the business and assets of the bank, and his arbitrary, capricious and discriminating refusal to pay the claim or allow it as valid against the state Guaranty Fund, all in continuous, negligent or wilful disregard of his duties under the state law, held, not an action against the State, but within the jurisdiction of the District Court, there being diversity of citizenship. Lankford v. Platte Iron Works Co., 235 U. S. 461, distinguished.</p> <p>Allegations to the effect that the enforcement of the state laws in the matters complained of was solely through the Commissioner, and that he so arbitrarily and capriciously exercised his powers as to deprive plaintiff of the equal protection of the laws and deprive plaintiff of his property without due process, etc., held, not to change the complexion of the action, no relief being prayed against the Guaranty Fund.</p>