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457 F.2d 1303

Docket No. 71-1330.

McElroy v. Swan

Sixth Circuit Court of Appeals

Decided April 3, 1972.

Sixth Circuit Court of Appeals · decided 1972-04-03

Cited by 1 later decisions — most recently April 1972

1 federal appellate ·

2 counsel of record

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Haines v. Kerner · Hague v. Committee for Industrial Organization · Jones v. Alfred H. Mayer Co.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1972-04-03

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¶1Cap S. McElroy, in pro per.

¶2No brief for appellees.

¶3Before PHILLIPS, Chief Judge, and CELEBREZZE and KENT, Circuit Judges.

¶4PER CURIAM.

¶5This action was filed April 9, 1971, under 42 U.S.C. § 1983. Two days later the District Court, acting sua sponte, dismissed for want of subject matter jurisdiction, for the reason that plaintiff claims damages amounting to only $501.

¶6Plaintiff, proceeding pro se, sued two city policemen and the wife of a city policeman, charging a conspiracy resulting in the confinement of plaintiff in jail for nine days, in lieu of payment of a fine.

¶7The statutory jurisdictional amount required in diversity cases does not apply to an action under 42 U.S.C. § 1983, suing for constitutional infringement of a right of personal liberty. Jones v. Alfred H. Mayer Co., 392 U.S. 409, 412 n. 1, 88 S.Ct. 2186, 20 L.Ed.2d 1189 (1967); Douglas v. Jeannette, 319 *1304U.S. 157, 161, 63 S.Ct. 877, 87 L.Ed. 1324 (1943); Hague v. C.I.O., 307 U.S. 496, 531, 59 S.Ct. 954, 83 L.Ed. 1423 (1939); Detroit Edison Co. v. East China Township School District, 378 F.2d 225, 228 (6th Cir. 1967); Glicker v. Michigan Liquor Control Commission, 160 F.2d 96, 98 (6th Cir. 1947).

¶8In addition to averring jurisdiction under 42 U.S.C. § 1983, the complaint in the present case also alleged diversity jurisdiction, although showing on its face that plaintiff and all defendants are citizens of Toledo, Ohio. This pro se complaint will be held to less stringent standards than formal pleadings prepared by lawyers. Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972).

¶9We hold that the District Court erred in dismissing the complaint. Azar v. Conley, 456 F.2d 1382 (6th Cir., 1972).

¶10Reversed and remanded.

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