Case Citator › Michael Cohen v. Russell K. Norris

Michael Cohen v. Russell K. Norris

Is it still good law? What later courts have actually done to this case.

Questioned by some courts
Court
Ninth Circuit
Citation
300 F.2d 24
Decided
Confirmed treatments
1
Flagged citations read
93 of 93
Citing cases (total)
258
Treatment dates
1994
Questioned by some courts
At least one reviewed court has questioned this case’s reasoning or continued validity. No reviewed court has overruled it. Michael Cohen v. Russell K. Norris has been questioned in part. All 93 flagged citations have been read.
More on how this was screened

In Peloza v. Capistrano Unified School District, the Ninth Circuit identified tension between Cohen's dictum about due process claims under Section 1985(3) and later decisions allowing those claims to proceed; it did not resolve the issue. This one confirmed treatment is listed below. Other opinions reported Cohen's effect on earlier cases or applied its Section 1983 analysis without treating it adversely.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

258 later cases cite Michael Cohen v. Russell K. Norris; 93 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Questioned

  • The Ninth Circuit questioned Cohen's dictum that Section 1985(3) provides no remedy for due process violations, noting that later circuit decisions had allowed such claims to proceed.

    Peloza v. Capistrano Unified School District · Ninth Circuit · filed

    As to due process rights, there appears to be some confusion within this circuit. Older cases have stated that section 1985(3) provides no remedy for violation of due process rights, Cohen v. Norris, 300 F.2d 24, 28 (9th Cir.1962) (dicta); Mitchell v. Greenough, 100 F.2d 184, 187 (9th Cir.1938) (holding), cert. denied, 306 U.S. 659, 59 S.Ct. 788, 83 L.Ed. 1056 (1939). In some more recent cases, we have allowed claims of due process violations to proceed under section 1985(3) without comment.
    Read the full opinion on CourtListener →

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