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Ridley v. McCall

United States Court of Appeals, Fifth Circuit
Jun 26, 1974
496 F.2d 213 (5th Cir. 1974)

Summary

stating that vacated opinions have no precedential value

Summary of this case from Central Pines Land Co. v. U.S.

Opinion

No. 73-2923.

June 26, 1974.

Hugh M. Dorsey, Jr., W. Lyman Dillon, Atlanta, Ga. (court-appointed), for plaintiffs-appellants.

Arthur K. Bolton, Atty. Gen., Courtney W. Stanton, Asst. Atty. Gen., Stephen Parker, Deputy Asst. Atty. Gen., Atlanta, Ga., for defendants-appellees.

Appeal from the United States District Court for the Northern District of Georgia.

Before BROWN, Chief Judge, and RIVES and DYER, Circuit Judges.


This is a § 1983 suit attacking on a broad front the practices of the Georgia Parole Board. The District Court dismissed the complaint without issuing a show cause order requiring a factual response by the State or holding any evidentiary hearing. The District Court was of the view that this result was compelled by this Court's en banc decision in Scarpa v. United States Board of Parole, 5 Cir., 1973, 477 F.2d 278. Subsequently the judgment of this Court was vacated and remanded for determination of whether the case was moot, Scarpa v. United States Board of Parole, 1973, 414 U.S. 809, 94 S.Ct. 79, 38 L.Ed.2d 44, and thereafter this Court by order vacated the judgment of the District Court with directions to dismiss the complaint as moot. Consequently, Scarpa has no precedential value.

In view of this we think the interest of orderly administration calls for remand to the District Court for reconsideration. Since these sometime awesome constitutional principles ought not to be explored in a non-factual setting, the Court should take appropriate steps to assure development of the actual facts, not just the pleaded contention of the parties.

Vacated and remanded.


Summaries of

Ridley v. McCall

United States Court of Appeals, Fifth Circuit
Jun 26, 1974
496 F.2d 213 (5th Cir. 1974)

stating that vacated opinions have no precedential value

Summary of this case from Central Pines Land Co. v. U.S.
Case details for

Ridley v. McCall

Case Details

Full title:JOSEPH RIDLEY AND WOODY JENKINS, PLAINTIFFS-APPELLANTS, v. CECIL McCALL…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jun 26, 1974

Citations

496 F.2d 213 (5th Cir. 1974)

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