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698 F.2d 1286

Docket No. 81-2045.

Lamar v. La Steele

United States Court of Appeals, Fifth Circuit.

Feb. 28, 1983.

2 counsel of record

Key passage — most relied on by later courts

“A section 1983 claim only occurs when the threats or threatened conduct result in a constitutional deprivation.”

quoted by 2 later decisions, including Guiffre v. Local Lodge 1124, United Steelworkers of America, 940 F.2d 660

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

Relies on Lamar v. La Steele · Bradley v. Marshall Bros. Lincoln Mercury, Inc.

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1983-02-28

How this case has been cited

Cited by 9 later decisions — most recently November 2001

2 district · 2 state decisions

40198319902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Mark White, Atty. Gen., Ann Kraatz, Kenneth Peterson, Asst. Attys. Gen., Austin, Tex., for respondent-appellant cross-appellee.

Johnson, Swanson & Barbee, Dan S. Boyd, Dallas, Tex., for petitioner-appellee cross-appellant.

Appeals from the United States District Court for the Southern District of Texas.

ON SUGGESTION FOR REHEARING EN BANC

(Opinion Dec. 14, 1982, 5 Cir., 1982, 693 F.2d 559).

Before GARZA, POLITZ and WILLIAMS, Circuit Judges.

PER CURIAM:

¶1

The application for rehearing complains that our opinion would allow a 42 U.S.C. Sec. 1983 cause of action to be based on "mere words" or "idle threats." This reflects a misperception of our holding. Threats alone are not enough. A section 1983 claim only accrues when the threats or threatening conduct result in a constitutional deprivation.

¶2

Subject to this explanation, and treating the suggestion for rehearing en banc as a petition for panel rehearing, it is ordered that the petition for panel rehearing is DENIED. No member of the panel nor judge in regular active service of this court having requested that the court be polled on rehearing en banc (Rule 35, Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 16), the suggestion for Rehearing En Banc is DENIED.

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