BRAZIER v. CHERRY

No. 18620.

293 F.2d 401 (1961)

Hattie BRAZIER, Appellant, v. W. B. CHERRY et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 28, 1961.


Attorney(s) appearing for the Case

D. L. Hollowell, Atlanta, Ga., C. B. King, Albany, Ga., Thurgood Marshall, Jack Greenberg, New York City, Norman C. Amaker, James M. Nabrit, III, New York City, of counsel, for appellant.

Charles J. Bloch, Ellsworth Hall, Jr., Macon, Ga., Bloch, Hall, Groover & Hawkins, Macon, Ga., of counsel, for appellees.

Before JONES and BROWN, Circuit Judges, and DE VANE, District Judge.


JOHN R. BROWN, Circuit Judge.

This case raises squarely the question whether death resulting from violation of the Civil Rights Statutes gives rise to a federally enforceable claim for damages sustained by the victim during his lifetime, by his survivors, or both. The District Court by sustaining a motion to dismiss for failure to state a claim, F.R.Civ.P. 12(b), 28 U.S.C.A., and for want of jurisdiction over the claim, answered this broadly in the negative. Brazier...

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