United States Seventh Circuit
Avila v. Pappas, 091865p.pdf
In a 42 U.S.C. section 1983 suit against a county treasurer and staff arising after plaintiff's acquittal on a charge of making threats against a public official, judgment of the district court rejecting the federal-law theories and resolving the state-law theories in favor of the defendants is vacated and remanded with instructions to dismiss for lack of subject matter jurisdiction as, prior decisions inescapably render plaintiff's federal theories frivolous and a veneer of constitutional phraseology on top of a state tort claim cannot justify its adjudication in federal court.
Appellate Information
- Decided 01/04/2010
- Published 01/04/2010
Judges
Court
- United States Seventh Circuit