green
Positive treatment
Quoted verbatim 2×
6.9 score
“it is not enough simply to give ... state law claims constitutional labels such as 'due process' or 'equal protection' in order to raise a substantial federal question under section 1983”
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983
2004
2026
Top citers, strongest first. 19 distinct citers.
How cited ↗
discussed
Cited "but see"
Epstein v. Township of Whitehall
Id. at 606 , citing Southern Cooperative Development Fund v. Driggers, 696 F.2d 1347, 1356 (11th Cir.), cert. denied, 463 U.S. 1208 , 103 S.Ct. 3539 , 77 L.Ed.2d 1389 (1983); but see, Creative Environments, Inc. v. Estabrook, 680 F.2d 822 , 832 n. 9 (1st Cir.), cert. denied, 459 U.S. 989 , 103 S.Ct. 345 , 74 L.Ed.2d 385 (1982) (“... property is not denied without due process of law simply because a local planning board rejects a proposed development for erroneous reasons or makes demands which arguably exceed its authority under the relevant state statutes.") (Emphasis added.) and Chiplin En…
examined
Cited as authority (quoted)
Herman Corn, Cross-Appellee v. City of Lauderdale Lakes, Cross-Appellant
(2×)
wheeler i
discussed
Cited as authority (quoted)
Coin Call, Inc. v. Southern Bell Telephone & Telegraph Co.
it is not enough simply to give ... state law claims constitutional labels such as 'due process' or 'equal protection' in order to raise a substantial federal question under section 1983
discussed
Cited "see"
SAN GERÓNIMO CARIBE PROJECT, INC. v. Vila
See Creative Environments v. Estabrook, 680 F.2d 822 , 832 n. 9 (stating that “where a state has provided reasonable remedies to rectify a legal error by a local administrative body ... due process has been provided”), cert. denied, 459 U.S. 989 , 103 S.Ct. 345 , 74 L.Ed.2d 385 (1982).
discussed
Cited "see"
Burnham v. CITY OF SALEM, MASS.
See Creative Environments v. Estabrook, 680 F.2d 822 , 832 n. 9 (stating that “where a state has provided reasonable remedies to rectify a legal error by a local administrative body ... due process has been provided”), cert denied, 459 U.S. 989 , 103 S.Ct. 345 , 74 L.Ed.2d 385 (1982).
cited
Cited "see"
Tyson v. City of Sunnyvale
See Creative Environments, Inc. v. Estabrook, 680 F.2d 822, 830 (1st Cir.1982), cert. denied 459 U.S. 989 , 103 S.Ct. 345 , 74 L.Ed.2d 385 (1982).
discussed
Cited "see"
Nestor Colon Medina & Sucesores, Inc. v. Patria G. Custodio
See Creative Environments, Inc. v. Estabrook, 680 F.2d 822, 832 (1st Cir.1982) (rejecting equal protection and due process claims because “no rival developer advocating [plaintiff’s] ambitious plan would have had more success”), cert. denied, 459 U.S. 989 , 103 S.Ct. 345 , 74 L.Ed.2d 385 (1982); Yale Auto Parts, Inc. v. Johnson, 758 F.2d 54 (2d Cir.1985) (no equal protection violation where junkyard operator alleged zoning board wanted his application “killed” but did not allege others were treated differently); Spence v. Zimmerman, 873 F.2d 256 (11th Cir.1989).
cited
Cited "see"
Norbert C. Pearson, Also Known as Spike v. City of Grand Blanc, J. Larry Tomlinson
See especially Creative Env’ts, Inc. v. Estabrook, 680 F.2d 822, 833 (1st Cir.), cert. denied, 459 U.S. 989 , 103 S.Ct. 345 , 74 L.Ed.2d 385 (1982). 25 .
discussed
Cited "see"
Pfz Properties, Inc. v. Rene Alberto Rodriguez, Etc.
(2×)
See Creative Environments v. Estabrook, 680 F.2d 822 , 832 n. 9 (stating that “where a state has provided reasonable remedies to rectify a legal error by a local administrative body ... due process has been provided”), cert. denied, 459 U.S. 989 , 103 S.Ct. 345 , 74 L.Ed.2d 385 (1982).
discussed
Cited "see"
Morello v. James
See Creative Environments, Inc. v. Estabrook, 680 F.2d 822 , 832 n. 9 (1st Cir.) (dictum), cert. denied, 459 U.S. 989 , 103 S.Ct. 345 , 74 L.Ed.2d 385 (1982); Riley v. Jeffes, 777 F.2d 143, 147-48 (3d Cir.1985) (pervasive risk of harm in violation of prisoner’s Eighth Amendment rights is actionable under section 1983; similar risk of property loss without due process in violation of Fourteenth Amendment is not); Daniels v. Williams, 720 F.2d 792, 796 (4th Cir.1983) (Parratt analysis applies to deprivations of non-property interests which do not violate substantive constitutional rights), aff…
discussed
Cited "see"
Vincent Morello v. Charles James, J. Nowakawski, Correction Officer, and Thomas A. Coughlin, Commissioner of the New York State Department of Correctional Services, Vincent Morello v. Harold J. Smith, Superintendent, Thomas A. Coughlin, and Unknown Correctional Officers
See Creative Environments, Inc. v. Estabrook, 680 F.2d 822 , 832 n. 9 (1st Cir.) (dictum), cert. denied, 459 U.S. 989 , 103 S.Ct. 345 , 74 L.Ed.2d 385 (1982); Riley v. Jeffes, 777 F.2d 143, 147-48 (3d Cir.1985) (pervasive risk of harm in violation of prisoner's Eighth Amendment rights is actionable under section 1983; similar risk of property loss without due process in violation of Fourteenth Amendment is not); Daniels v. Williams, 720 F.2d 792, 796 (4th Cir.1983) (Parratt analysis applies to deprivations of non-property interests which do not violate substantive constitutional rights), aff'd…
discussed
Cited "see"
City of Las Vegas, Nevada v. Clark County, Nevada
Beller v. Middendorf, 632 F.2d 788, 808 (9th Cir.1980), cert. denied, 452 U.S. 905 , 101 S.Ct. 3030 , 69 L.Ed.2d 405 (1981); accord Albery v. Reddig, 718 F.2d 245, 251 (7th Cir.1983) (city zoning ordinance valid unless "arbitrary and unreasonable or that its application bears no substantial relation to the public health, safety or morals"). 44 We find the effluent limitations reasonably related to the important state interest in cleaner water. 7 Nevada state courts are the proper forum for any complaint the City has concerning the content of the effluent limitations. 8 Cf. Creative Environment…
cited
Cited "see"
Thomas F. Limerick v. Carol S. Greenwald, Roslindale Cooperative Bank of Boston v. Carol S. Greenwald
See Creative Environments, Inc. v. Estabrook, 680 F.2d 822 , 832 n. 9 (1st Cir.) cert. denied 459 U.S. 989 , 103 S.Ct. 345 , 74 L.Ed.2d 385 (1982).
cited
Cited "see"
Thomas Ciampa v. Massachusetts Rehabilitation Commission
See Creative Environments, Inc. v. Estabrook, 680 F.2d 822, 833 (1st Cir.), cert. denied, - U.S. -, 103 S.Ct. 345 , 74 L.Ed.2d 385 (1982).
cited
Cited "see"
Donald Roy, of Waterville, Kennebec County, State of Maine v. The City of Augusta, Maine
See Creative Environments, Inc. v. Estabrook, 680 F.2d 822 (1st Cir.), cert. denied,-U.S.-, 103 S.Ct. 345 , 74 L.Ed.2d 385 (1982).
discussed
Cited "see, e.g."
Northpointe Plaza v. City of Rochester
See also Creative Environments, Inc. v. Estabrook, 680 F.2d 822, 833 (1st Cir.), cert. denied, 459 U.S. 989 , 103 S.Ct. 345 , 74 L.Ed.2d 385 (1982) (“Every appeal by a disappointed developer from an adverse ruling by a local * * * planning board necessarily involves some claim that the board exceeded, abused or ‘distorted’ its legal authority in some manner, often for some allegedly perverse (from the developer’s point of view) reason.” (Emphasis in original.)).
discussed
Cited "see, e.g."
Condor Corporation, a Minnesota Corporation v. City of St. Paul, a Municipal Corporation
(2×)
Although the law is now unsettled in our circuit as well as others as to the parameters of substantive due process in zoning cases, see Lemke v. Cass County, Nebraska, 846 F.2d 469 (8th Cir.1987); Littlefield v. City of Afton, 785 F.2d 596 (8th Cir.1986); compare Creative Environments, Inc. v. Estabrook, 680 F.2d 822, 833 (1st Cir.) (refusing to recognize a substantive due process claim in a zoning case), cert. denied, 459 U.S. 989 , 103 S.Ct. 345 , 74 L.Ed.2d 385 (1982), we deem the overall boundaries of substantive due process to be defined by the Supreme Court’s decisions in cases raising…
cited
Cited "see, e.g."
Ward v. Hickey
See, e.g., Creative Environments, Inc. v. Estabrook, 680 F.2d 822 , 834 n. 14 (1 Cir., 1982), cert. denied, 459 U.S. 989 , 103 S.Ct. 345 , 74, L.Ed.2d 385 (1982).
discussed
Cited "see, e.g."
Anthony J. Scherer, Jr. v. David J. Balkema
Other circuits, as the district court below noted, also apply this rule in civil conspiracy actions, see e.g., Lawrence, 665 F.2d at 1324 (D.C.Cir.1981) (per curiam); Singleton v. City of New York, 632 F.2d 185, 192-93 (2d Cir.1980), cert. denied, 450 U.S. 920 , 101 S.Ct. 1368 , 67 L.Ed.2d 347 (1981); Kadar Corp., 549 F.2d at 234-35 (1st Cir.1977); Mizell v. North Broward Hospital Dist., 427 F.2d 468, 475 (5th Cir.1970), and district courts in still other circuits have done the same, see McKelvey v. Marriot Corp., 488 F.Supp. 345, 346 (D.Md.1980); Safeguard Mutual Insurance Co. v. Miller, 47 F…
Retrieving the full opinion text from the archive…
Faulkner
v.
California
v.
California
No. 82-441.
Supreme Court of the United States.
Nov 8, 1982.
Published
Citer courts: Eleventh Circuit (2) · N.D. Georgia (1)
Ct. App. Cal., 5th App. Dist. Certiorari denied.