David F. Leach, Appellant, v. Mediacom, Appellee,united States of America, Movant Below, 373 F.3d 895 (8th Cir. 2004)

 Annotate this Case
US Court of Appeals for the Eighth Circuit - 373 F.3d 895 (8th Cir. 2004) Submitted: December 10, 2003
Filed: June 28, 2004
Rehearing and Rehearing En Banc Denied August 9, 2004. *

David F. Leach, Des Moines, IA, pro se.

Michael A. Giudicessi and William J. Hunnicutt, argued, Des Moines, IA, for appellee.

Before RILEY, HANSEN, and SMITH, Circuit Judges.

PER CURIAM.

David F. Leach appeals the district court's1  dismissal of his complaint, purportedly brought under the Cable Communications Policy Act. See 47 U.S.C. § 521 et seq. Having carefully reviewed the record, we agree with the district court that there is no implied private right of action under 47 U.S.C. § 531(e), as Congress expressly gave the franchiser enforcement authority. See Alexander v. Sandoval, 532 U.S. 275, 290, 121 S. Ct. 1511, 149 L. Ed. 2d 517 (2001) ("The express provision of one method of enforcing a substantive rule suggests that Congress intended to preclude others.") Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.

 *

Judge Melloy and Judge Colloton did not participate in the consideration or decision of this case

 1

The Honorable Harold D. Vietor, United States District Judge for the Southern District of Iowa

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.