Resident Council of Allen Parkway Village v. United States Department of Housing & Urban Development (1993)
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· 139 citation events
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Marks v. Clinichek (2026)
Dev., 980 F.2d 1043, 1055 (5th Cir. 1993).
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Meza v. Livingston (2010)
Gen Contractors of Am. v. City of Jacksonville, 508 U.S. 656, 661-62 , 113 S.Ct. 2297 , 124 L.Ed.2d 586 (1993); Cooper v. McBeath, 11 F.3d 547, 550-51 (5th Cir.1994); Resident Council of Allen Parkway Village v. United States Dep’t of Housing & Urban Dev., 980 F.2d 1043, 1048 (5th Cir.1993).
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Bridges v. Methodist Hospital (2025)
Dev., 980 F.2d 1043, 1053 (5th Cir. 1993) (citation omitted). 14 Pearson v. Shriners Hosps. for Child., Inc., 133 F.4th 433, 443 (5th Cir. 2025) (citing Manhattan Cmty. Access Corp. v. Halleck, 587 U.S. 802, 809 (2019)). 6 Case: 24-20483 Document: 83-1 Page: 7 Date Filed: 06/17/2025 No. 24-20483 or (iii) when the government acts jointly with the private entity.’” 15 “They also include (iv) ‘when the private entity is entwined with governmental policies, or when government is…
citation omitted
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United States v. Roundtree (2024)
Dev., 980 F.2d 1043, 1053 (5th Cir. 1993).
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Zhang v. Allen (2024)
Dev., 980 F.2d 1043, 1053 (5th Cir. 1993).
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Plustache v. Harrison (2023)
“To state a valid claim under § 1983, a plaintiff[] must (1) allege a violation of rights secured by the Constitution or laws of the United States and (2) demonstrate that the alleged deprivation was committed by a person acting under color of state law.” Resident Council of Allen Parkway Vill. v. HUD, 980 F.2d 1043, 1053 (5th Cir. 1993) (citation omitted).
citation omitted
Consequently, it is well settled that suits under the APA may not be pursued against nonfederal entities, nor may federal courts enjoin nonfederal entities based on the conduct of federal agencies held to run afoul of the APA, See Coliseum Square Ass’n v. Jackson, 465 F.3d 215, 249 (5th Cir. 2006) (“the APA ‘does not provide private plaintiffs a route for reviewing the actions of nonfederal defendants such as [the Housing Authority of New Orleans]’ ”); Resident Council of Al…
“district court lacked the power to enjoin [Housing Authority of the City of Houston] under the APA”
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Federal Deposit Insurance v. RBS Securities Inc. (2015)
Preachers Fellowship v. Town of Columbia, 591 F.3d 747 , 752 n. 3 (5th Cir.2009) (quoting Resident Council of Allen Parkway Vill. v. U.S. Dep't of Hous. & Urban Dev., 980 F.2d 1043, 1049 (5th Cir.1993)). .
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FDIC v. Merrill Lynch Pierce Fenner (2015)
Preachers Fellowship v. Town of Columbia, 591 F.3d 747 , 752 n.3 (5th Cir. 2009) (quoting Resident Council of Allen Parkway Vill. v. U.S. Dep’t of Hous. & Urban Dev., 980 F.2d 1043, 1049 (5th Cir. 1993)). 4 Case: 14-51055 Document: 00513148005 Page: 5 Date Filed: 08/10/2015 No. 14-51055 de novo.
Resident Council of Allen Parkway Vill. v. U.S. Dep't of Hous. & Urban Dev., 980 F.2d 1043, 1048-49 (5th Cir.1993). 33 .
Resident Council of Allen Parkway Vill. v. U.S. HUD, 980 F.2d 1043, 1048 (5th Cir.1993).
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Belle Co. v. United States Army Corps of Engineers (2014)
Landfill Corp. v. EPA, 631 F.3d 652, 656 (3d Cir.2011) (“[W]here a state actor relies upon a federal agency’s notice, the state action does not convert the notice into a final agency act under the APA”) (citing Hindes v. FDIC, 137 F.3d 148, 163 (3d Cir.1998) (citing Air California v. U.S. Dep’t of Transp., 654 F.2d 616 , 621 (9th Cir.1981))); Resident Council of Allen Parkway Village v. U.S. Dep’t of Housing & Urban Dev., 980 F.2d 1043, 1055-56 (5th Cir.1993) (concluding tha…
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Terry James v. Dallas Housing Authority (2013)
Urban Dev., 980 F.2d 1043, 1053 (5th Cir.1993) ("Because HUD is a federal agency acting under color of federal law, we hold that the Plaintiffs have not stated a claim against it under § 1983.”). 5 .
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Frank Banks v. Federal Deposit Insurance Co (2010)
As for the § 1983 claim, it is well established that “federal officials, acting *535 under color of federal law rather than state law, are not subject to suit under § 1983.” Resident Council of Allen Parkway Village v. United States Dep’t of Hous. & Urban Dev., 980 F.2d 1043, 1053 (5th Cir.1993).
It is well-settled in this circuit that "an amicus curiae generally cannot expand the scope of an appeal to implicate issues that have not been presented by the parties to the appeal.” Resident Council of Allen Parkway Vill. v. U.S. Dep’t of Hous. & Urban Dev., 980 F.2d 1043, 1049 (5th Cir.1993); see also Garcia-Melendez v. Ashcroft, 351 F.3d 657 , 663 n. 2 (5th Cir.2003).
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Romero v. Lann (2008)
Resident Council v. United States Dep’t of Hous. and Urban Dev., 980 F.2d 1043, 1050 (5th Cir.1993).
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Amir-Sharif v. Dist Atty Off Dallas (2008)
To raise a viable § 1983 claim, a plaintiff must show that a state actor infringed his rights under “the Constitution or laws of the United States.” Resident Council v. United States Dep’t of Hous. and Urban Dev., 980 F.2d 1043, 1050 (5th Cir. 1993).
To raise a viable § 1983 claim, a plaintiff must show that a state actor infringed his rights under “the Constitution or laws of the United States.” Resident Council v. United States Dep’t of Hous. and Urban Dev., 980 F.2d 1043, 1050 (5th Cir.1993).
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Sajida Bano, Haseena Bi, Sunil Kumar, Dr. Stanley Norton, Asad Khan, Shiv Narayan Maithil, Devendra Kumar Yad… (2001)
See Singleton v. Wulff, 428 U.S. 106, 120 (1976) (courts of appeal need not consider issues raised for the first time on appeal); Resident Council of Allen Parkway Vill. v. U.S. Dep't of HUD, 980 F.2d 1043, 1049 (5th Cir. 1993) ("[A]n amicus curiae generally cannot expand the scope of an appeal to implicate issues that have not been presented by the parties to the appeal."); 16A Wright et al., Federal Practice and Procedure: Jurisdiction 3975.1 (3d ed. 1999) ("In ordinary ci…
"[A]n amicus curiae generally cannot expand the scope of an appeal to implicate issues that have not been presented by the parties to the appeal."
Resident Council of Allen Parkway Village v. United States Department of Housing & Urban Development, 980 F.2d 1043, 1050 (5th Cir. 1993).
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Ginger Edwards v. Grant Jack, Joe Bologna, David A. AKA Tom Keith, Jay Odem, and Amanda Krafka Duke Keith (2026)
Dev., 980 F.2d 1043, 1053 (5th Cir. 1993).
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NAVARRO, JEREMIAH v. the State of Texas (2025)
Dev., 980 F.2d 1043, 1049 (5th Cir. 1993) (“an amicus curiae generally cannot expand the scope of an appeal to implicate issues that have not been presented by the parties to the appeal.”); Garcia-Melendez v. Ashcroft, 351 F.3d 657 , 662 n.2 (5th Cir. 2003) (“It is well-settled in this circuit that ‘an amicus curiae generally cannot expand the scope of an appeal to implicate issues that have not been presented by the parties to the appeal.’” (quoting Resident Council, 980 F.…
“an amicus curiae generally cannot expand the scope of an appeal to implicate issues that have not been presented by the parties to the appeal.”
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Rodriguez v. Tangipahoa Parish Jail (2025)
Dev., 980 F.2d 1043, 1053 (5th Cir. 1993) (citing West v. Atkins, 487 U.S. 42, 48 (1988)). 19 Id. 20 Duncan v. Goedeke and Cleasey, 837 F. Supp. 846, 849 (S.D.
citing West v. Atkins, 487 U.S. 42, 48 (1988)
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Strausbaugh v. US Internal Revenue Service (2025)
To determine whether Section 6307 creates a private right of action, the Court “begin[s] with the familiar presumption Ëthat Congress did not intend to create a private right of action.’” Louisiana Landmarks Soc., Inc. v. City of New Orleans, 85 F.3d 1119 , 1123 (5th Cir. 1996) (quoting Resident Council of Allen Parkway Village v. HUD, 980 F.2d 1043, 1053 (5th Cir. 1993)).
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Bridges v. The Methodist Hospital (2024)
“To state a valid claim under § 1983, a plaintiff must (1) allege a violation of rights secured by the Constitution or laws of the United States and (2) demonstrate that the alleged deprivation was committed by a person acting under color of state law.”4 Resident Council of Allen Parkway Village v. United States Department of Housing & Urban Development, 980 F.2d 1043, 1050 (5th Cir. 1993).
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Armour v. Texas Board of Pardons and Paroles (2024)
Cmty. Ass’n, Inc. v. Slater, 173 F.3d 1033, 1035 (6th Cir. 1999) (citing Resident Council of Allen Parkway Vill v. HUD, 980 F.2d 1043, 1055 (5th Cir. 1993)).
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Cross v. Palo Pinto County Courthouse (2023)
See West v. Atkins, 487 U.S. 42, 48 (1988) (citing cases); Resident Council of Allen Parkway Village v. U.S. Department of Housing and Urban Development, 980 F.2d 1043, 1050 (5th Cir. 1993).
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Marquez v. Smith (2023)
See West v. Atkins, 487 U.S. 42, 48 (1988) (citing cases); Resident Council of Allen Parkway Village v. U.S. Department of Housing and Urban Development, 980 F.2d 1043, 1050 (5th Cir. 1993).
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Ethridge v. Tarrant County Sheriffs Office (2022)
See West v. Atkins, 487 U.S. 42, 48 (1988) (citing cases); Resident Council of Allen Parkway Village v. U.S. Department of Housing and Urban Development, 980 F.2d 1043, 1050 (5th Cir.1993).
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Lang v. Tarrant County District Court (2022)
See West v. Atkins, 487 U.S. 42, 48 (1988) (citing cases); Resident Council of Allen Parkway Village v. U.S. Department of Housing and Urban Development, 980 F.2d 1043, 1050 (5th Cir. 1993).
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Wright v. Tarrant County Judge (2021)
See West v. Atkins, 487 U.S. 42, 48 (1988) (citing cases); Resident Council of Allen Parkway Village v. U.S. Dep’t of Housing and Urban Development, 980 F.2d 1043, 1050 (5th Cir. 1993).
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Mims v. Hagerman (2021)
See West v. Atkins, 487 U.S. 42, 48 (1988) (citing cases); Resident Council of Allen Parkway Village v. U.S. Department of Housing and Urban Development, 980 F.2d 1043, 1050 (5th Cir. 1993).
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Kennemer v. Parker County (2021)
See West v. Atkins, 487 U.S. 42, 48 (1988) (citing cases); Resident Council of Allen Parkway Village v. U.S. Department of Housing and Urban Development, 980 F.2d 1043, 1050 (5th Cir.1993).
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Smith v. International Solutions, Inc. (2021)
See West v. Atkins, 487 U.S. 42, 48 (1988) (citing cases); Resident Council of Allen Parkway Village v. U.S. Department of Housing and Urban Development, 980 F.2d 1043, 1050 (5th Cir. 1993).
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Sutherland v. Akins (2021)
See West v. Atkins, 487 U.S. 42, 48 (1988) (citing cases); Resident Council of Allen Parkway Vill. v. U.S. Dep’t of Hous. and Urban Dev., 980 F.2d 1043, 1050 (5th Cir.1993).
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Wesley v. Ascension Parish (2020)
Bell Tel., LP v. City of Houston, 529 F.3d 257, 260 (5th Cir. 2008) (citing Resident Council of Allen Parkway Vill. v. HUD, 980 F.2d 1043, 1050 (5th Cir. 1993)).
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Tuttle v. Front Street Affordable Housing Partners (2020)
See 5 U.S.C. § 701 (b)(1) (defining agency as “each authority of the Government of the United States” (emphasis added)); see also Gilliam v. Miller, 973 F.2d 760, 764 (9th Cir. 1992); Resident Council of Allen Parkway Vill. v. U.S. Dep’t of Hous. & Urban Dev., 980 F.2d 1043, 1055 (5th Cir. 1993) (holding that state housing authority that operated federally subsidized low-income housing project was not agency whose actions were subject to review under the APA).
holding that state housing authority that operated federally subsidized low-income housing project was not agency whose actions were subject to review under the APA
Resident Council of Allen Parkway Vill. v. U.S. Dep't of Hous. & Urban Dev., 980 F.2d 1043, 1053 (S*® Cir. 1993}.
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Harris v. Hase (2020)
See West v. Atkins, 487 U.S. 42, 48 (1988)(citing cases); Resident Council of Allen Parkway Village v. U.S. Department of Housing and Urban Development, 980 F.2d 1043, 1050 (5th Cir.1993).
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Wesley v. Ascension Parish (2020)
Bell Tel., LP v. City of Houston, 529 F.3d 257, 260 (5th Cir. 2008) (citing Resident Council of Allen Parkway Vill. v. HUD, 980 F.2d 1043, 1050 (5th Cir. 1993)).
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Harris v. Doe (2019)
See West v. Atkins, 487 U.S. 42, 48 (1988)(citing cases); Resident Council of Allen Parkway Village v. U.S. Department of Housing and Urban Development, 980 F.2d 1043, 1050 (5th Cir. 1993).
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Chadman v. Quisenberry (2019)
See West v. Atkins, 487 U.S. 42, 48 (1988)(citing cases); Resident Council of Allen Parkway Vill. v. U.S. Dep’t of Hous. & Urban Dev., 980 F.2d 1043, 1050 (5th Cir.1993).
See West v. Atkins, 487 U.S. 42, 48 (1988)(citing cases); Resident Council of Allen Parkway Vill. v. U.S. Dep’t of Hous. & Urban Dev., 980 F.2d 1043, 1050 (5th Cir. 1993).
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Agnew v. ABE Factor & Campbell (2019)
See West v. Atkins, 487 U.S. 42, 48 (1988)(citing cases); Resident Council of Allen Parkway Vill. v. U.S. Dep’t of Hous. & Urban Dev., 980 F.2d 1043, 1050 (5th Cir.1993).
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State v. United States (2016)
Using a pragmatic and common sense approach, Defendants’ Guidelines and actions indicate that Plaintiffs jeopardize their federal education funding by choosing not to comply with Defendants’ Guidelines. 13 EEOC, 827 F.3d at 383 , 2016 WL 3524242 at *8 (“Instead, ‘legal consequences’ are created whenever the challenged agency action has the effect of committing the agency itself to a view of the law that, in turn, forces the plaintiff either to alter its conduct, or expose it…
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Ramon Marroquin v. State (2015)
Resident Council of Allen Parkway Vill. v. U.S. Dep’t of Housing & Urban Dev., 980 F.2d 1043, 1050 (5th Cir. 1993).
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Faust v. State (2015)
Resident Council of Allen Parkway Vill. v. U.S. Dep’t of Housing & Urban Dev., 980 F.2d 1043, 1050 (5th Cir.1993).
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Faust, Joey Darrell (2015)
Resident Council of Allen Parkway Vill. v. U.S. Dep’t of Housing & Urban Dev., 980 F.2d 1043, 1050 (5th Cir. 1993).
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Polsky v. Werfel (2015)
Couden v. Duffy, 446 F.3d 483, 499 (3d Cir.2006) (citation omitted); Brown v. Philip Morris Inc., 250 F.3d 789, 800 (3d Cir.2001) (citing Bethea v. Reid, 445 F.2d 1163, 1164 (3d Cir.1971)); Wheeldin v. Wheeler, 373 U.S. 647 , 650 n. 2, 83 S.Ct. 1441 , 10 L.Ed.2d 605 (1963) (investigator for House Un-American Activities Committee who issued and served subpoena not acting under color of state law); Resident Council of Allen Parkway Vill. v. U.S. Dep’t of Hous. & Urban Dev., 98…
Resident Council of Allen Parkway Village v. U.S. Dept. of Housing & Urban Dev., 980 F.2d 1043, 1055 (5th Cir.1993); 5 U.S.C. § 702 .