green
Positive treatment
Quoted verbatim 2×
17.9 score
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cited 2× by 2 distinct cases, 2020–2025 · 2 courts ·
…in order for a private right of action to exist under a criminal statute, there must be 'a statutory basis for inferring that a civil cause of action of some sort lay in favor of someone.
at p. 22
⚠ not in text
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983
2004
2026
Top citers, strongest first. 14 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
Lewis v. Seashore
in order for a private right of action to exist under a criminal statute, there must be 'a statutory basis for inferring that a civil cause of action of some sort lay in favor of someone.
discussed
Cited as authority (verbatim quote)
Allen Thomas v. Tekle Abebe
in order for a private right of action to exist under a criminal statute, there must be 'a statutory basis for inferring that a civil cause of action of some sort lay in favor of someone.
discussed
Cited as authority (rule)
Cantu v. Gonzales
Ali v. Shabazz, 8 F.3d 22, at *1 (5th Cir. 1993); Chaney v. Races and Aces, 590 F. App’x 327, 330 (5th Cir. 2014). 14 While Plaintiff also appears to assert a claim against Judge Gonzales under Section 1983 and seeks damages, but see ECF No. 10 at 14 (rejecting any claimed relief against Judge Gonzales aside from criminal penalties), he does not assert a single new allegation in support of his claims against Judge Gonzales, nor does not explain what new allegations support this theory.
discussed
Cited as authority (rule)
Atkins v. Aiken
As for the federal criminal statutes, 18 U.S.C. §§ “241 and 242 are criminal statutes that ‘do not provide for a private right of action.’” Chaney v. Races & Aces, 590 F. App’x 327, 330 (5th Cir. 2014) (per curiam) (quoting Ali v. Shabazz, 8 F.3d 22, 22 (5th Cir. 1993)).
discussed
Cited as authority (rule)
Borne v. Home Bank, N.A.
Tex. Feb. 8, 2011) (“Not only has plaintiff failed to adequately plead a violation of any state or federal criminal statute, but he cannot maintain a private right of action as a result of any such violation.”). 22 Ali v. Shabazz, 8 F.3d 22, 22 (5th Cir. 1993) (internal quotations omitted). criminalize fraudulent and false statements generally;23 mail fraud and swindles;24 and fraud by wire, radio, or television.25 These statutes do not provide any statutory basis to conclude that a civil action can be brought by a private citizen.26 Because 18 U.S.C. §§ 1001 , 1341, and 1343 do not crea…
cited
Cited as authority (rule)
Wesley III v. Neal
Appx. 551 , 555 (5th Cir. 2020) (citing Ali v. Shabazz, 8 F.3d 22, 22 (5th Cir. 1993)).
cited
Cited as authority (rule)
Dillon v. Jobert
Feb. 3, 2022) (citing Touche Ross & Co. v. Redington, 442 U.S. 560, 575 (1979)). 50 Ali v. Shabazz, 8 F.3d 22, 22 (5th Cir. 1993) (internal quotations omitted). 51 R.
discussed
Cited as authority (rule)
Hebert v. Central Intelligence Agency
Criminal statutes generally do not create a private right of action; therefore, there must be a statutory basis for a private right of action to exist under a criminal statute.29 Further, a private citizen has no constitutional right to have someone criminally prosecuted.30 “[D]ecisions whether to prosecute or file criminal charges are generally within the prosecutor's discretion, and, as a private citizen, [a plaintiff] 29 See Ali v. Shabazz, 8 F.3d 22, 22 (5th Cir. 1993) (per curiam) (unpublished). 30 Oliver v. Collins, 914 F.2d 56, 60 (5th Cir. 1990).
discussed
Cited as authority (rule)
Dunlap v. City of Fort Worth
Indeed, “[i]n order for a private right of action to exist under a criminal statute,” the Supreme Court requires “‘a statutory basis for inferring that a civil cause of action of some sort lay in favor of someone.’” Ali v. Shabazz, 8 F.3d 22, 22 (5th Cir. 1993) (unpublished) (quoting Cort v. Ash, 422 U.S. 66, 79 (1975)).
cited
Cited as authority (rule)
Tony Chaney v. Races and Aces
Sections 241 and 242 are criminal statutes that “do not provide for a private right of action.” Ali v. Shabazz, 8 F.3d 22, 22 (5th Cir.1993).
cited
Cited "see"
Brady v. Gonzales
See Ali v. Shabazz, 8 F.3d 22 (5th Cir. 1993); Oliver v. Collins, 904 F.2d 278, 281 (5th Cir. 1990).
cited
Cited "see"
Max-George v. Houston Police Department
See Ali v. Shabazz, 8 F.3d 22, 22 (5th Cir. 1993); see also Oliver v. Collins, 914 F.2d 56, 60 (5th Cir. 1990).
discussed
Cited "see, e.g."
Dixon v. The Texas Department of Public Safety
Co., 281 F.2d 298, 303 (5th Cir. 1960)); see also Ali v. Shabazz, 8 F.3d 22 , 1993 WL 456323, at *1 (5th Cir. Oct. 28, 1993) (recognizing that § 242 does not provide for a private right of action and so there is no statutory basis for inferring that it could support a civil cause of action).
discussed
Cited "see, e.g."
Smith v. Collier
Co., 281 F.2d 298, 303 (Sth Cir. 1960)); see also Ali v. Shabazz, 8 F.3d 22 , 1993 WL 456323, at *1 (Sth Cir. Oct. 28, 1993) (recognizing that neither § 241 nor § 242 provide for a private right of action and that there is no statutory basis for inferring that they could support a civil cause of action).
Retrieving the full opinion text from the archive…
Dedrick
v.
Eggleston
v.
Eggleston
93-8571.
Court of Appeals for the Fifth Circuit.
Oct 27, 1993.
Published
Citer courts: Fifth Circuit (1) · E.D. Louisiana (1)
Dedrick
v.
Eggleston[*]
NO. 93-8571
United States Court of Appeals,
Fifth Circuit.
Oct 27, 1993
1
Appeal From: W.D.Tex.
2
DISMISSED.
*
Fed.R.App.P. 34(a); 5th Cir.R. 34.2