Dr. Harry W. Theriault v. Frederick Silber, Dir., United States Chaplain Serv., 574 F.2d 197 (5th Cir. 1978). · Go Syfert
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Dr. Harry W. Theriault v. Frederick Silber, Dir., United States Chaplain Serv., 574 F.2d 197 (5th Cir. 1978). Cases Citing This Book View Copy Cite
26 citation events (7 in the last 25 years) across 10 distinct courts.
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Zachary Castaneda v. Garden Grove Police Department
C.D. Cal. · 2025 · confidence medium
Cir. 1981) (“disrespectful references 9 to the court” qualify as malicious); Theriault v. Silber, 574 F.2d 197, 197 (5th Cir. 10 1978) (documents with disrespectful and insulting references are subject to 11 summary dismissal for being beneath the dignity of the court). 12 IT IS ORDERED as follows: 13 (1) Defendants’ motion to dismiss the Second Amended Complaint (“SAC”) 14 is GRANTED (a) without leave to amend as to individual capacity claims against 15 Defendant DaRe; and (b) without leave to amend as to Defendants Garden Grove 16 Police Department, the City of Garden Grove, and th…
discussed Cited as authority (rule) Joseph Johnson, Jr. v. Alison Ashmore
5th Cir. · 2017 · confidence medium
See Chambers v. NASCO, Inc., 501 U.S. 32, 43 , 111 S.Ct. 2123 , 115 L.Ed.2d 27 (1991) ("Courts of justice are universally acknowledged to be vested, by their very creation, with power to impose silence, respect, and decorum, in their presence....” (quoting Anderson v. Dunn, 19 U.S. 204 , 6 Wheat, 204, 227, 5 L.Ed, 242 (1821)); Theriault v. Silber, 574 F.2d 197, 197 (5th Cir. 1978) (granting • motion to strike notice of appeal that contained "vile and insulting references to the trial judge.”); cf. FED.
discussed Cited "see" Maryann Watkins v. California Department of Housing and Community Development
C.D. Cal. · 2025 · signal: see · confidence high
See Theriault v. Silver, 9 || 574 F.2d 197, 197 (Sth Cir. 1978) (order) (insulting and disrespectful references to 10 || the judge are subject to summary dismissal as beneath the dignity of the court). 11 The court is not persuaded by Plaintiffs’ objections and overrules them.
cited Cited "see" Keyes v. BP Expl & Prod
5th Cir. · 2024 · signal: see · confidence high
See Theriault v. Silber, 574 F.2d 197, 197 (5th Cir. 1978).
discussed Cited "see" Talley v. U.S. Department of Labor - Per ORDERS of 7/1/20 (92), 7/15/20 (108), Plaintiff/counsel are prohibited from further filing in this case...and from sending emails to Clerk's Office employees.
W.D. Mo. · 2020 · signal: see · confidence high
See Theriault v. Silber, 574 F.2d 197, 197 (5th Cir. 1978) (citation omitted) (granting a motion to strike a notice of appeal because it was “abusive,” contained “disrespectful and impertinent references to the trial judge,” and was “beneath the dignity of this court.”).
cited Cited "see" Reeves v. Flores
5th Cir. · 2007 · signal: see · confidence high
See Theriault v. Silber, 574 F.2d 197, 197 (5th Cir.1978).
cited Cited "see" In Re Billy Roy Tyler
8th Cir. · 1988 · signal: see · confidence high
See, Theriault v. Silber, 574 F.2d 197 (5th Cir.1978).
cited Cited "see" In Re Tyler
D. Neb. · 1987 · signal: see · confidence high
See, Theriault v. Silber, 574 F.2d 197 (5th Cir.1978).
cited Cited "see" People of the State of Colo. v. Carter
D. Colo. · 1986 · signal: see · confidence high
See Theriault v. Silber, 574 F.2d 197 (5th Cir.1978).
cited Cited "see, e.g." Ruston v. Dallas County Texas
5th Cir. · 2009 · signal: see also · confidence medium
See Theriault v. Silber, 579 F.2d 302, 303 (5th Cir.1978); see also Theriault v. Silber, 574 F.2d 197, 197 (5th Cir.1978).
Retrieving the full opinion text from the archive…
Dr. Harry W. THERIAULT, Plaintiff-Appellant,
v.
Frederick SILBER, Director, United States Chaplain Service, Et Al., Defendants-Appellees
78-1506.
Court of Appeals for the Fifth Circuit.
May 16, 1978.
574 F.2d 197
Dr. Harry W. Theriault, pro se., Jamie C. Boyd, U. S. Atty., San Antonio, Tex., Michael T. Milligan, Sp. Asst. U. S. Atty., El Paso, Tex., for defendants-appel-lees., Joseph S. Blair pro se, amicus curiae.
Thornberry, Godbold, Rubin.
Cited by 20 opinions  |  Published

ORDER

The appellee moves to strike the appellant’s notice of appeal and dismiss the appellant’s appeal in the instant case because the appellant’s notice of appeal contains vile and insulting references to the trial judge. We have examined the notice of appeal and agree that it contains disrespectful and impertinent references to the trial judge. See Rule 12(f), F.R.Civ.P. Such documents are beneath the dignity of this court. Nothing in our liberal pro se practice dictates that this court receive abusive documents. The appellee’s motions to strike the notice of appeal and dismiss the appeal are therefore GRANTED. Appellant has ten days from the issuance of this Order to file a proper notice of appeal. If he does so, his appeal and motion to appoint counsel will be reinstated. The appellant is further directed to Rule 3(c), Rules of Appellant Procedure and Form 1 in the appendix of forms of the appellant rules for a suggested form for notice of appeal.

IT IS SO ORDERED.