green
Positive treatment
Quoted verbatim 1×
6.4 score
G Cite
cited 2× by 1 distinct case, last quoted 2006 ·
…in a procedural due process case under section 1983, the plaintiff must attack the state's corrective procedure as well as the substantive wrong.
⚠ not in text
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984
2005
2026
Top citers, strongest first. 22 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Clair v. Northern Kentucky Independent Health District
(2×)
in a procedural due process case under section 1983, the plaintiff must attack the state's corrective procedure as well as the substantive wrong.
discussed
Cited "see"
Charles Goss v. City of Little Rock, Arkansas, Charles Goss v. City of Little Rock, Arkansas
See Consolidated Freightways Corp. v. Kassel, 730 F.2d 1139 , 1141-42 (8th Cir.), cert. denied, 469 U.S. 834 , 105 S.Ct. 126 , 83 L.Ed.2d 68 (1984), abrogated on a ground not relevant to this case, Dennis v. Higgins, 498 U.S. 439, 442 , 111 S.Ct. 865 , 112 L.Ed.2d 969 (1991).
discussed
Cited "see"
Charles Goss v. City of Little Rock
See Consolidated Freightways Corp. v. Kassel, 730 F.2d 1139 , 1141-42 (8th Cir.), cert. denied, 469 U.S. 834 (1984), abrogated on a ground not relevant to this case, Dennis v. Higgins, 498 U.S. 439, 442 (1991).
discussed
Cited "see"
Asquith v. Volunteers of America
(2×)
See Vicory v. Walton, 721 F.2d 1062, 1065 (6th Cir.1983), cert. denied, 469 U.S. 834 , 105 S.Ct. 125 , 83 L.Ed.2d 67 (1984); Robinson v. United States, No. 94-1037, 1995 WL 564187 , *3 (D.D.C.
cited
Cited "see"
Boles v. Lecureux
See Vicory v. Walton, 721 F.2d 1062, 1066 (6th Cir.1983), cert. denied, 469 U.S. 834 (1984).
discussed
Cited "see"
Hall v. California Department of Corrections
(2×)
See Vicory v. Walton, 721 F.2d 1062, 1066 (6th Cir.1983), reh'g denied, 730 F.2d 466 , cert. denied, 469 U.S. 834 , 105 S.Ct. 125 , 83 L.Ed.2d 67 (1984) ("in section 1983 damage suits claiming the deprivation of a property interest without procedural due process of law, the plaintiff must plead and prove that state remedies for redressing the wrong are inadequate”).
cited
Cited "see"
Nathan Lindsey, Fa'dee Mulazim v. Chuck Kinney Gronholn Dykehouse Ray Toombs M. Thomas Dennis Dyke
See Vicory v. Walton, 721 F.2d 1062, 1066 (6th Cir.1983), cert. denied, 469 U.S. 834 (1984).
discussed
Cited "see"
Thomas J. Ricci v. Joseph Paolino
This court held, on the basis of Parratt and Hudson, that the availability of state remedies foreclosed any basis for § 1983 relief. 845 F.2d at 22 ; accord Vicory v. Walton, 721 F.2d 1062 (6th Cir. 1983), cert. denied, 469 U.S. 834 (1984).
discussed
Cited "see"
Plumer v. Maryland
(2×)
See Vicory v. Walton, 721 F.2d 1062, 1065 (6th Cir.1983) (§ 1983 not violated “[s]o long as a state’s damage remedies are not shown to be inadequate in theory or practice — that is, so long as there is no systemic problem with the state’s corrective process”), cert. denied, 469 U.S. 834 , 105 S.Ct. 125 , 83 L.Ed.2d 67 (1984).
discussed
Cited "see"
Plumer v. Maryland
(2×)
See Vicory v. Walton, 721 F.2d 1062, 1065 (6th Cir.1983) (Sec. 1983 not violated "[s]o long as a state's damage remedies are not shown to be inadequate in theory or practice--that is, so long as there is no systemic problem with the state's corrective process"), cert. denied, 469 U.S. 834 , 105 S.Ct. 125 , 83 L.Ed.2d 67 (1984).
cited
Cited "see"
Central Tool Co. v. International Ass'n of Machinists National Pension Fund, Benefit Plan A
See Stewart v. National Shopmen Pension Fund, 235 U.S.App.D.C. 122, 127, 129 , 730 F.2d 1552, 1554 , cert, denied, 469 U.S. 834 , 105 S.Ct. 127 , 83 L.Ed.2d 68 (1984). .
discussed
Cited "see"
Central Tool Company v. International Association of MacHinists National Pension Fund, Benefit Plan A, Central Tool Company v. International Association of MacHinists National Pension Fund, Benefit Plan A
See Stewart v. National Shopmen Pension Fund, 235 U.S.App.D.C. 122, 127, 129 , 730 F.2d 1552, 1554 , cert. denied, 469 U.S. 834 , 105 S.Ct. 127 , 83 L.Ed.2d 68 (1984). 63 Supra note 42 64 The resolution was adopted on March 13, 1953, and made "retroactively effective as of January 29, 1953." Kosty v. Lewis, supra note 42, 115 U.S.App.D.C. at 345, 319 F.2d at 746 .
cited
Cited "see"
Wright v. National Bank of Stamford
See Vicory v. Walton, 721 F.2d 1062, 1064-65 (6th Cir.1983), cert. denied, — U.S. -, 105 S.Ct. 125 , 83 L.Ed.2d 67 (1984).
discussed
Cited "see, e.g."
Allen v. West Point-Pepperell, Inc.
See, e.g., Stewart v. National Shopmen Pension Fund, 730 F.2d 1552, 1563 (D.C.Cir.), cert. denied, 469 U.S. 834 , 105 S.Ct. 127 , 83 L.Ed.2d 68 (1984) (mere exercise of a plan provision held not an amendment for certain ERISA purposes); Dooley v. American Airlines, Inc., 797 F.2d 1447, 1450-52 (7th Cir.1986), cert. denied, 479 U.S. 1032 , 1087, 107 S.Ct. 879 , 1292, 93 L.Ed.2d 833 , 94 L.Ed.2d 149 (1987) (where (1) plan provided that employer could approve actuarial factors from time to time, (2) employer approved certain actuarial factors pursuant to the plan provision, and (3) employer later…
discussed
Cited "see, e.g."
Roy v. City of Little Rock
See Lake Country Estates, Inc. v. Tahoe Regional Planning Agency, 440 U.S. 391, 398-402 , 99 S.Ct. 1171, 1175-77 , 59 L.Ed.2d 401 (1979); see also Consolidated Freightways Corp. of Del. v. Kassel, 730 F.2d 1139 , 1147 (8th Cir.) ("Violations of the fourteenth amendment, in-eluding those which involve the deprivation of property, are clearly within the ambit of § 1983.”), cert. denied, 469 U.S. 834 , 105 S.Ct. 126 , 83 L.Ed.2d 68 (1984).
discussed
Cited "see, e.g."
Esslinger v. Baltimore City
See, e.g., Stewart v. National Shopmen Pension Fund, 730 F.2d 1552 , 1557 n. 10 (D.C.Cir.), cert, denied, 469 U.S. 834 , 105 S.Ct. 127 , 83 L.Ed.2d 68 (1984) (subsequent decision of another federal appellate court); Staten Island Rapid Transit Operating Auth. v. Interstate Commerce Comm’n, 718 F.2d 533 , 542-43 (2d Cir.1983) (subsequent decision of Interstate Commerce Commission); Katz v. State Tax Assessor, 472 A.2d 428 , 431 n. 3 (Me. 1984) (subsequent decision of State tax assessor).
cited
Cited "see, e.g."
Scotto v. Brink's Inc.
See, e.g., Stewart v. National Shopmen Pension Fund, 730 F.2d 1552, 1561-62 (D.C.Cir.), cert. denied, 469 U.S. 834 , 105 S.Ct. 127 , 83 L.Ed.2d 68 (1984); 29 U.S.C. § 1002 (23).
discussed
Cited "see, e.g."
Dennis v. State
We have previously stated that “§ 1983 was not intended to encompass those constitutional provisions which allocate power between the state and federal government.” White Mountain Apache Tribe v. Williams, 810 F.2d 844 , 848 (9th Cir.1984) (Supremacy Clause, which establishes federal-state priorities, does not secure individual rights under § 1983), cert. denied, 479 U.S. 1060 , 107 S.Ct. 940 , 93 L.Ed.2d 990 (1987); see also Consolidated Freightways Corp. v. Kassel, 730 F.2d 1139, 1144 (8th Cir.1984) (The Commerce Clause is “an allocating provision, not one that secures rights cogniza…
discussed
Cited "see, e.g."
Ben Collins v. John Nagle
(2×)
Id. at 543 , 101 S.Ct. at 1917 ; see also Vicory v. Walton, 721 F.2d 1062, 1065-66 (6th Cir.1983), cert. denied, 469 U.S. 834 , 105 S.Ct. 125 , 83 L.Ed.2d 67 (1984).
discussed
Cited "see, e.g."
Kraft v. Jacka
We have previously stated that “§ 1983 was not intended to encompass those constitutional provisions which allocate power between the state and federal government.” White Mountain Apache Tribe v. Williams, 810 F.2d 844 , 848 (9th Cir.1984) (Supremacy Clause, which establishes federal-state priorities, does not secure individual rights under § 1983), cert. denied, 479 U.S. 1060 , 107 S.Ct. 940 , 93 L.Ed.2d 990 (1987); see also Consolidated Freightways Corp. v. Kassel, 730 F.2d 1139 , 1144 (8th Cir.1984) (The Commerce Clause is “an allocating provision, not one that secures rights cogniz…
discussed
Cited "see, e.g."
Kraft v. Jacka
We have previously stated that "Sec. 1983 was not intended to encompass those constitutional provisions which allocate power between the state and federal government." White Mountain Apache Tribe v. Williams, 810 F.2d 844 , 848 (9th Cir.1984) (Supremacy Clause, which establishes federal-state priorities, does not secure individual rights under Sec. 1983), cert. denied, 479 U.S. 1060 , 107 S.Ct. 940 , 93 L.Ed.2d 990 (1987); see also Consolidated Freightways Corp. v. Kassel, 730 F.2d 1139 , 1144 (8th Cir.1984) (The Commerce Clause is "an allocating provision, not one that secures rights cognizab…
discussed
Cited "see, e.g."
Toribio Garcia v. Juan Bauza-Salas
See, e.g., Consolidated Freightways Corp. v. Kassel, 730 F.2d 1139 , 1142-47 (8th Cir.) (discussing purposes of § 1983 and concluding the section is not applicable in commerce clause cases), cert. denied, 469 U.S. 834 , 105 S.Ct. 126 , 83 L.Ed.2d 68 (1984).
Retrieving the full opinion text from the archive…
Cristall
v.
Superior Court of California, County of Los Angeles (Cristall, Real Party in Interest)
v.
Superior Court of California, County of Los Angeles (Cristall, Real Party in Interest)
No. 83-2108.
Supreme Court of the United States.
Oct 1, 1984.
Cited by 62 opinions | Published
Citer courts: E.D. Kentucky (2)
Ct. App. Cal., 2d App. Dist. Certiorari denied.