Morales v. Turman, 430 U.S. 322 (1977)

Morales v. Turman


No. 76-5881


Decided March 21, 1977
430 U.S. 322

ON PETITION FOR WRIT OF CERTIORARI TO THE
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Syllabus

A three-judge District Court was not required under 28 U.S.C. § 2281 to hear and determine an action challenging the constitutionality of the unwritten practices of the juvenile institutions administered by the Texas Youth Council, and a single District Judge properly exercised jurisdiction. The complaint did not meet the threshold requirements of § 2281 jurisdiction, since it "did not mention or challenge any rule or regulation" of the Youth Council, "nor did it seek an injunction against enforcement of any identified rule." Baxter v. Palmigiano, 425 U.S. 308, 313 n.2.

Certiorari granted; 535 F.2d 864, reversed and remanded.