DAVIS v. PASSMAN

No. 75-1691.

571 F.2d 793 (1978)

Shirley DAVIS, Plaintiff-Appellant, v. Otto E. PASSMAN, Congressman of the United States, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 18, 1978.


Attorney(s) appearing for the Case

Stephen J. Katz, Monroe, La., Peter B. Hutt, Sana F. Shtasel, Washington, D. C., for plaintiff-appellant.

Harold Himmelman, Washington Lawyers' Committee for Civil Rights Under Law, Washington, D. C., for Morris Udall, et al.

Jesse D. McDonald, Albert R. Gear, Monroe, La., Barbara L. Herwig, Atty., Washington, D. C., for defendant-appellee.

Robert E. Kopp, Appellate Sec., Civ. Div., Dept. of Justice, Washington, D. C., amicus curiae for the United States.

Before BROWN, Chief Judge, JONES, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL and FAY, Circuit Judges.


CHARLES CLARK, Circuit Judge:

In today's decision the court en banc reverses a panel opinion which implied a cause of action for money damages from the Due Process Clause of the fifth amendment of the Constitution.1

In her complaint, Ms. Shirley Davis alleged that former Louisiana Congressman Otto Passman dismissed her as his Deputy Administrative Assistant solely because she was a woman...

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