green
Positive treatment
Quoted verbatim 2×
4.9 score
“it is firmly settled that exhaustion or resort to state remedies is not a prerequisite to a section 1983 claim”
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 12 distinct citers.
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
discussed
Cited "see"
State v. Williams
Instead, a party asserting vagueness “cannot challenge the constitutionality of the statute on the grounds that the statute may conceivably be applied unconstitutionally in circumstances other than those before the court.” Tolen v. State, 285 Kan. 672 , Syl. ¶ 2, 176 P.3d 170 (2008); see Hearn v. City of Overland Park, 244 Kan. 638, 639 , 772 P.2d 758 , cert. denied 493 U.S. 976 (1989) (one to whom statute clearly applies may not successfully challenge it for vagueness).
cited
Cited "see"
State v. McAFFRY
See Hearn v. City of Overland Park, 244 Kan. 638 , 772 P.2d 758 , cert. denied 493 U.S. 976 (1989); City of Junction City v. Mevis, 226 Kan. 526 , 601 P.2d 1145 (1979).
discussed
Cited "see"
Federal Home Loan Mortgage Corp. v. New York State Division of Housing & Community Renewal
See Seawall Assocs. v. City of N.Y., 74 N.Y.2d 92, 112 , 542 N.E.2d 1059, 1068 , 544 N.Y.S.2d 542, 551 , cert. denied, 493 U.S. 976 , 110 S.Ct. 500 , 107 L.Ed.2d 503 (1989) (evaluation of whether there is a substantial interest requires consideration of whether there is a sufficiently close nexus between burdens and end advanced as justification for them).
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."
Tracey v. Solesky
See also Hearn v. City of Overland Park, 244 Kan. 638, 650, 647, 722 [772] P.2d 758, 768, 765, cert. denied 493 U.S. 976 , 110 S.Ct. 500 , 107 L.Ed.2d 503 (1989) (“pit bull dogs represent a unique health hazard ... [possessing] both the capacity for extraordinarily savage behavior ... [a] capacity for uniquely vicious attacks ... coupled with an unpredictable nature” ... and that “of the 32 known human deaths in the United States due to dog attacks ... [in the period between July 1983 and April 1989], 23 were caused by attacks by pit bull dogs.” Pit bull dogs have even been considered …
discussed
Cited "see, e.g."
SOLESKY v. Tracey
(2×)
See also Hearn v. City of Overland Park, 244 Kan. 638, 650, 647 , 772 P.2d 758, 768, 765 , cert. denied[,] 493 U.S. 976 , 110 S.Ct. 500 , 107 L.Ed.2d 503 (1989) ("pit bull dogs represent a unique public health hazard . . . [possessing] both the capacity for extraordinarily savage behavior. . . [a] capacity for uniquely vicious attacks . . . coupled with an unpredictable nature"[;] and . . . "of the 32 known human deaths in the United States due to dog attacks . . . [in the period between July 1983 and April 1989], 23 were caused by attacks by pit bull dogs").
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."
Colorado Dog Fanciers, Inc. v. City & County of Denver Ex Rel. City Council
See, e.g., Hearn v. City of Overland Park, 244 Kan. 638, 638-40 , 772 P.2d 758, 760 , cert. denied, 493 U.S. 976 , 110 S.Ct. 500 , 107 L.Ed.2d 503 (1989). .
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).
City of New York
v.
Seawall Associates Coalition for the Homeless v. Seawall Associates and Wilkerson v. Seawall Associates
v.
Seawall Associates Coalition for the Homeless v. Seawall Associates and Wilkerson v. Seawall Associates
No. 89-388; No. 89-403; No. 89-552.
Supreme Court of the United States.
Nov 27, 1989.
493 U.S. 976
Cited by 1 opinion | Published
Citer courts: District of Columbia (1) · D. Puerto Rico (1)
Ct. App. N. Y. Certiorari denied. Reported below: 74 N. Y. 2d 92, 542 N. E. 2d 1059.