Opinion · Supreme Court of the United States
Browder v. McArthur
Browder v. McArthur, 20 U.S. (7 Wheat.) 58 (1822)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1822-02-21
- Topic
- general
How later courts describe this case
- “[N]either a State nor its officials acting in their official capacities are ‘persons’ under § 1983.”
Citator
UpLaw has not yet analyzed Browder v. McArthur. The absence of a flag is not a finding that it is good law.
- Cited by
- 39 opinions
The Court denied the motion, being of opinion that it was too late to grant a rehearing in a cause after it had been remitted to the Court below, to carry into effect the decree of this Court, according to its mándate; and that a subsequent appeal from the Circuit Court, for supposed error in.carrying into *59 effect such mandate, brought up only the proceedings subsequent to the mandate, and did not authorize an inquiry into the merits of the original decree.
Motion denied.
He cited 2 Madd. Chan. 390, 3 P. Wms. 8. 2 Atk. 439.