Emory Marvin Underwood
Judge Underwood no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Underwood decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Underwood treated a concrete record of continuing unlawful conduct as sufficient reason for prospective injunctive protection.
“In view of this attitude, it seems that a preliminary injunction is demanded to protect plaintiff from infringement of his rights under the Constitution and Civil Rights Statute.”
He awarded civil-rights relief when facially neutral salary schedules were administered in a racially discriminatory manner.
“I find that it is and that plaintiff is entitled to the relief sought for himself and the principals and teachers he represents.”
Procedural preferences
He declined to resolve fact-dependent statutory exemptions at the pleading stage and directed parties toward a developed record.
“the questions raised at the hearing on this motion could not be determined on motion to dismiss but should be raised on motion for summary judgment.”
He consolidated competing claims to a limited insurance fund into a single interpleader proceeding to preserve orderly priority adjudication.
“defendants should be required to proceed in this court only to establish their rights in or to the fund in question.”
Cautions
He required a clear statutory grant before permitting an agency official to prosecute a contempt application independently.
“The question is not whether he ought to have this power, but whether Congress granted him this authority.”
He treated the expiration of the maximum probation period as a jurisdictional limit that the sentencing court could not extend through later revocation.
“The new sentence, therefore, was unauthorized and void.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Being of opinion that the matter is procedural and not substantive, Rule 17 (a) of Rules of Civil Procedure is fol-lowed and the motion is overruled.”
“The motion, therefore, is overruled”
“I do not find any other grounds presented in the present case which would now sustain a writ of habeas corpus.”
“said motion to retax costs be, and hereby is, sustained”
“said motion to dismiss be and hereby is overruled”
“In this case, the Court feels that such a reference should be made.”
“said motion to dismiss be, and hereby is overruled without prejudice to defendant to again file a motion to dismiss, should amended pleadings or facts otherwise properly established justify same.”
“the writ of habeas corpus be, and the same hereby is, sustained”
“said petition be, and hereby is, dismissed at plaintiff’s costs.”
“the petition for declaratory judgment be, and hereby is, dismissed at plaintiff’s costs.”
“said application of the Administrator be, and hereby is, dismissed.”
“said writ of habeas corpus be, and same is, hereby discharged and petitioner remanded to the custody oí respondent.”
Caseload & timing
From public federal docket records for this judge.
The reviewed decisions predate representative electronic case-level dockets. The profile therefore makes no claim about complete caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge Underwood no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.