green
Positive treatment
Quoted verbatim 1×
6.7 score
“it is firmly settled that exhaustion or resort to state remedies is not a prerequisite to a section 1983 claim”
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989
2007
2026
Top citers, strongest first. 10 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Smothers v. Benitez
it is firmly settled that exhaustion or resort to state remedies is not a prerequisite to a section 1983 claim
examined
Cited as authority (rule)
Stella v. Kelley
(4×)
also: Cited "see"
Id. at 532 (footnote omitted).
discussed
Cited as authority (rule)
ARLENE RASH-ALDRIDGE v. SAUL RAMIREZ, ET AL
A jury found fo r the plaintiffs and the First Circuit upheld the awards finding that the “act of voting on public issues by a member of a public agency or board comes withing the freedom of speech guarantee of the first amendment.” Id. at 532.
examined
Cited "see"
Rosemary Rahn v. Drake Center, Inc.
(4×)
See Frazier v. King, 873 F.2d 820, 825-26 (5th Cir.) (agreeing “the quality of health care given to any group of people, including inmates, is a matter of public concern”), cert. denied, Davoli v. Frazier, 493 U.S. 977 , 110 S.Ct. 502 , 107 L.Ed.2d 504 (1989); see Smith v. Cleburne County Hospital, 1 870 F.2d 1375, 1383 (8th Cir.1989), cert. denied, 493 U.S. 847 , 110 S.Ct. 142 , 107 L.Ed.2d 100 (1989); see also Casey v. City of Cabool, Mo., 12 F.3d 799, 802-03 (8th Cir.1993) (holding criticism of public officials during a discussion of city policy was a matter of public concern).
discussed
Cited "see"
Stone v. Kasuba (In Re Stone)
See In re Stephen Grosse, P.C., 84 B.R. 377, 385-86 (Bankr.E.D.Pa.1988), affirmed, 96 B.R. 29 (E.D.Pa.1989), affirmed, Dubin v. Jakobowski, 879 *274 F.2d 856 (3d Cir.1989), cert. denied, 493 U.S. 976 , 110 S.Ct. 501 , 107 L.Ed.2d 504 (1989).
discussed
Cited "see, e.g."
In Re Westin Capital Markets, Inc.
Compare In re Grosse, 96 B.R. 29 (E.D.Pa.), aff d, 879 F.2d 857 (3d Cir.), cert, den., 493 U.S. 976 , 110 S.Ct. 501 , 107 L.Ed.2d 504 (1989) (only circuit courts have authority to impose Rule 38 sanctions) with In re DN Associates, 165 B.R. 344, 350 (Bankr.D.Maine 1994) (“neither the district court or the court of appeals imposed sanctions ... as they might have done under [Rule 38 or Fed.R.Civ.P. 11]").
discussed
Cited "see, e.g."
George Zilich v. Thomas Longo David Mack Nancy Marincic Rose Marie Lovano Joseph Suster Michael Abella and Wilhelm Spiegelberg
Compare Miller v. Hull, 878 F.2d 523, 532 (1st Cir.) (probably unassailable that elected officials’ votes come within the freedom of speech guarantee of the First Amendment), cert. denied, 493 U.S. 976 , 110 S.Ct. 501 , 107 L.Ed.2d 504 (1989) with Spallone v. United States, 493 U.S. 265 , 302-03 n. 12, 110 S.Ct. 625 , 646 n. 12, 107 L.Ed.2d 644 (1990) (dissenting opinion) (four members of Supreme Court rejecting petitioner’s claim that voting is "core political speech” and noting that "attempt to recharacterize the common-law legislative immunity doctrine into traditional First Amendment…
cited
Cited "see, e.g."
Raymond G. Nydam v. Joseph Lennerton, Jr., Etc., and Joseph F. Fontaine, Etc.
See also Miller v. Town of Hull, Mass., 878 F.2d 523, 534 (1st Cir.), cert. denied, 493 U.S. 976 , 110 S.Ct. 501 , 107 L.Ed.2d 504 (1989) (quoting Smith).
discussed
Cited "see, e.g."
Nieto v. San Perlita Independent School District
(2×)
See also Frazier v. King, 873 F.2d 820, 826 (5th Cir.1989), cert. denied, - U.S. -, 110 S.Ct. 502 , 107 L.Ed.2d 504 (1989).
discussed
Cited "see, e.g."
Nieto v. San Perlita Independent School District
(2×)
See also Frazier v. King, 873 F.2d 820, 826 (5th Cir.1989), cert. denied, --- U.S. ----, 110 S.Ct. 502 , 107 L.Ed.2d 504 (1989). 36 In Brawner v. City of Richardson, Tex., 855 F.2d 187 (5th Cir.1988), we stated that in conducting this balancing the court may consider whether the speech (1) was likely to generate controversy and disruption, (2) impeded the public agency's general performance and operations, and (3) affected working relationships necessary to the agency's proper functioning.
Retrieving the full opinion text from the archive…
Denman Rubber Manufacturing Co.
v.
Hall
v.
Hall
No. 89-533.
Supreme Court of the United States.
Nov 27, 1989.
Published
Citer courts: D. Puerto Rico (1)
C. A. 5th Cir. Certiorari denied.