District Court, W.D. Wisconsin December 11, 1978, 75-C-399 (Guerrero v. Garza)

OPINION AND ORDER

JAMES E. DOYLE, District Judge.

By the tests of

Curtis v. Loether,

415 U.S. 189, 94 S.Ct. 1005, 39 L.Ed.2d 260 (1974), if plaintiffs were seeking actual damages from the Garza defendants, it seems clear that a jury trial would be guaranteed by the Seventh Amendment, as the Honorable Barbara B. Crabb decided in this case in her memorandum entered December 6, 1978.