Opinion · Court of Appeals for the Fifth Circuit
Williams v. Dekalb County
582 F.2d 2
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1978-10-10
- Topic
- general
How later courts describe this case
- §§ 1981 and 1983 actions require same showing of discriminatory intent as is required for Constitutional claims
- applying Washington to actions under 42 U.S.C. § 1981
Citator
UpLaw has not yet analyzed Williams v. Dekalb County. The absence of a flag is not a finding that it is good law.
- Cited by
- 55 opinions
WILLIAMS v. DEKALB COUNTY,582 F.2d 2(5th Cir. 1978)
JOHNNY WILLIAMS, ON BEHALF OF HIMSELF AND OTHER PERSONS SIMILARLY SITUATED,
PLAINTIFFS-APPELLANTS, v. DEKALB COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF GEORGIA, ET AL., DEFENDANTS-APPELLEES.
No. 76-2998.
United States Court of Appeals, Fifth Circuit.
October 10, 1978.
George P. Dillard, Herbert O. Edwards, Wendell K. Willard, Decatur, Ga., J. Lewis Sapp, Charles K. Howard, Jr., Atlanta, Ga., for defendants-appellees.
On Petition for Rehearing and Petition for Rehearing En Banc.
(Opinion July 27 [1978, 5 Cir., 1978,577 F.2d 248]).
Before TUTTLE and CLARK, Circuit Judges, and EDENFIELD,fn*District Judge.
[2] That part of the panel opinion headed "Conclusion" [577 F.2d at 256] is therefore deleted from the opinion as are the statements holding that a prima facie case is made by statistics alone. The following "Conclusion" is substituted for the corresponding part of the original opinion:
[3] CONCLUSION
[4] The trial court decided the case beforeWashington v. Davis,supra,and thus did not find it necessary to determine whether there was purposeful discrimination. The case must be remanded to the trial court to determine whether the plaintiff's evidence — including the statistical data — established a prima facie case of discriminatory purpose which, if unrebutted, would establish liability. If the court finds that such a prima facie case has been made out, we adhere to our other determinations contained in the original opinion1and the trial court will then resolve the questions we have set forth there.
[5] The judgment is REVERSED and the case is REMANDED for further proceedings not inconsistent with this opinion.
[6] Judge Tuttle would adhere to the original opinion of the panel.
[7] No member of this panel nor judge in regular active service on the court having requested that the court be polled on rehearing en banc (Rule35Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12), the Petition for Rehearing En Banc is DENIED.