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Positive treatment
Quoted verbatim 5×
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Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987
2006
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited "but see"
Volkman v. United Transportation Union
But see Acri v. International Ass'n of Machinists, 781 F.2d 1393 , 1396, n. 1 (9th Cir.), cert. denied 479 U.S. 816 , 107 S.Ct. 73 , 93 L.Ed.2d 29 (1986) (duty of fair representation claims relating to negotiation of collective bargaining agreements or work rules are not subject to exhaustion requirement and statute of limitations is not tolled by internal appeals). 56 The exhaustion requirement contained in the UTU constitution is significant.
discussed
Cited "but see"
Volkman v. United Transportation Union
But see Acri v. International Ass’n of Machinists, 781 F.2d 1393, 1396, n. 1 (9th Cir.), cert. denied 479 U.S. 816 , 107 S.Ct. 73 , 93 L.Ed.2d 29 (1986) (duty of fair representation claims relating to negotiation of collective bargaining agreements or work rules are not subject to exhaustion requirement and statute of limitations is not tolled by internal appeals).
discussed
Cited "but see"
Hudson v. McMillian
But see Duckworth v. Franzen, 780 F. 2d 645, 652 (CA7 1985) ("If a guard decided to supplement a prisoner's official punishment by beating him, this would be punishment . . ."), cert. denied, 479 U. S. 816 (1986).
discussed
Cited as authority (quoted)
Keenan v. Allan
late amendments to assert new theories are not reviewed favorably when the facts and the theory have been known to the party seeking amendment since the inception of the cause of action
discussed
Cited as authority (quoted)
Joseph E. O'Neill v. Air Line Pilots Association, International
a duty of fair representation cause of action can be maintained when union representatives make misrepresentations to the union membership during the ratification process
discussed
Cited as authority (quoted)
Blaylock v. Schwinden
it would be absurd if all a state had to do to put its employees beyond the reach of section 1983 ... was to promise to indemnify....
discussed
Cited as authority (quoted)
Blaylock v. Schwinden
it would be absurd if all a state had to do to put its employees beyond the reaeh of section 1983 ... was to promise to indemnify_
discussed
Cited as authority (quoted)
Blaylock v. Schwinden
it would be absurd if all a state had to do to put its employees beyond the reach of section 1983 ... was to promise to indemnify_
discussed
Cited "see"
Van Bebber v. Dignity Health
See Acri v. International Ass'n 17 of Machinists, 781 F.2d 1393 , 1398 (9th Cir.), cert. denied, 479 U.S. 816 (1986) (“[L]ate 18 amendments to assert new theories are not reviewed favorably when the facts and the theory have 19 been known to the party seeking amendment since the inception of the cause of action.”); 20 AmerisourceBergen Corp. v. Dialysist West, Inc., 465 F.3d 946, 953 (9th Cir. 2006) (“[I]n 21 evaluating undue delay, we inquire ‘whether the moving party knew or should have known the 22 facts and theories raised by the amendment in the original pleading.’”) (quoting …
cited
Cited "see"
Indianapolis Life Insurance v. Herman
See Duckworth v. Franzen, 780 F.2d 645, 649-50 (7th Cir.1985), ce rt. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986); Fed.R.Civ.P. 15(b).
discussed
Cited "see"
Hotchkins v. Fleet Delivery Service
See Kaplan, 49 F.3d at 1370 (“[L]ate amendments to assert new theories are not reviewed favorably when the facts and the theory have been known to the party seeking amendment since the inception of the cause of action.”) (quoting Acri v. International Ass’n of Machinists, 781 F.2d 1393 , 1398 (9th Cir.), cert. denied, 479 U.S. 816 , 107 S.Ct. 73 , 93 L.Ed.2d 29 (1986)).
cited
Cited "see"
Rankin v. Evans
See Easton v. City of Boulder, 776 F.2d 1441, 1449-50 (10th Cir.1985), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986).
cited
Cited "see"
Luedtke v. Gudmanson
See, Duck- *1268 worth v. Franzen, 780 F.2d 645 (7th Cir.1985), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986).
discussed
Cited "see"
Arzel Haley v. Boniface Gross, Lieutenant McKee and Michael Ellis
(2×)
also: Cited "see, e.g."
See Duck-worth v. Franzen, 780 F.2d 645, 652-53 (7th Cir.1985) (finding criminal recklessness to be proper standard for deliberate indifference), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986); see also Goka v. Bobbitt, 862 F.2d 646 (7th Cir.1988); Smith-Bey v. Hospital Adm’r, 841 F.2d 751 (7th Cir.1988); Estelle v. Gamble, 429 U.S. 97 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976).
discussed
Cited "see"
Coleman v. Wilson
See Wilson v. Setter, 501 U.S. 294, 300 , 111 S.Ct. 2321, 2325 , 115 L.Ed.2d 271 (1991) (quoting Duckworth v. Franzen, 780 F.2d 645, 652 (7th Cir.1985) cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986)).
cited
Cited "see"
67 Fair empl.prac.cas. (Bna) 521, 66 Empl. Prac. Dec. P 43,502 Steve Stoner v. Wisconsin Department of Agriculture, Trade and Consumer Protection, Elizabeth Kohl and Steve Steinhoff
See Duckworth v. Franzen, 780 F.2d 645, 650-51 (7th Cir.1985), certiorari denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 .
cited
Cited "see"
Stoner v. Wisconsin Department of Agriculture, Trade & Consumer Protection
See Duckworth v. Franzen, 780 F.2d 645, 650-51 (7th Cir.1985), certiorari denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 .
discussed
Cited "see"
Ernest Considine v. Newspaper Agency Corporation
See Ackley v. Western Conference of Teamsters, 958 F.2d 1463, 1472 (9th Cir.1992) ("Union members may maintain an action for a breach of the duty of fair representation based on misrepresentations" only if they "demonstrate a 'causal relationship between the alleged misrepresentations and their injury.' ") (quoting Acri v. Int'l Ass'n of Machinists, 781 F.2d 1393 , 1397 (9th Cir.), cert. denied, 479 U.S. 816 , 107 S.Ct. 73 , 93 L.Ed.2d 29 (1986)).
discussed
Cited "see"
Considine v. Newspaper Agency Corp.
See Ackley v. Western Conference of Teamsters, 958 F.2d 1463, 1472 (9th Cir.1992) (“Union members may maintain an action for a breach of the duty of fair representation based on misrepresentations” only if they “demonstrate a ‘causal relationship between the alleged misrepresentations and their injury.’ ”) (quoting Acri v. Int'l Ass’n of Machinists, 781 F.2d 1393, 1397 (9th Cir.), cert. denied, 479 U.S. 816 , 107 S.Ct. 73 , 93 L.Ed.2d 29 (1986)).
cited
Cited "see"
State Wide Aluminum, Inc. v. Postle Distributors, Inc.
See Jayco Systems v. Savin Business Machines Corp. (5th Cir.1985) 777 F.2d 306, 317 , cert. denied 479 U.S. 816 , 107 S.Ct. 73 , 93 L.Ed.2d 30 .
cited
Cited "see"
Connor v. Foster
See Duckworth v. Franzen, 780 F.2d 645, 650 (7th Cir.1985), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986).
discussed
Cited "see"
John Casteel, Mark S. Hinton, and Timothy A. Nesja v. Leon R. Pieschek, Sheriff of the Brown County Jail, Charles D. Ingram, Sr. v. Michael L. Becher, Sheriff of Clark County, Indiana
"An official who is sued in his or her personal capacity can only be held liable for his or her individual wrongdoing." Id.; see alsoDuckworth v. Franzen, 780 F.2d 645, 650 (7th Cir.1985), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986).
cited
Cited "see"
Cedric Griffin v. The City of Detroit and Gregory Everett
See Easton v. City of Boulder, Colorado, 776 F.2d 1441, 1449 (10th Cir.1985), cert. denied, 479 U.S. 816 (1986).
discussed
Cited "see"
Gilles v. Ware
(2×)
See Duckworth v. Franzen, 780 F.2d 645, 656 (7th Cir.1985) (pendent claim jurisdiction should normally be relinquished when federal claim is dismissed before trial), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986).
discussed
Cited "see"
Frank Ackley and Steven Cole v. Western Conference of Teamsters
See Acri v. International Ass’n of Machinists, 595 F.Supp. 326, 333-34 (N.D.Cal.1983) (denying motion to amend pleadings to add a cause of action under section 101(a)(1) of the LMRDA), aff’d, 781 F.2d 1393 (9th Cir.), cert. denied, 479 U.S. 816 , 107 S.Ct. 73 , 93 L.Ed.2d 29 (1986).
cited
Cited "see"
Calhoun v. Liberty Northwest Ins. Corp.
See Acri v. Int’l Ass’n of Machinists, 781 F.2d 1393, 1398 (9th Cir.1986), cert. denied, 479 U.S. 816 , 107 S.Ct. 73 , 93 L.Ed.2d 29 (1986).
discussed
Cited "see"
United States v. Rodney Lee Morgan
(2×)
See Easton v. City of Boulder, 776 F.2d 1441, 1449-50 (10th Cir.1985), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986) (discussing the relaxed standard of scrutiny to be applied in cases involving citizen-witness informants, and the lessened standard regarding the competency of evidence upon which probable cause may be based); Karr v. Smith, 774 F.2d 1029, 1032 (10th Cir.1985) (applying the fellow-officer rule and imputing the knowledge of a superior officer to the arresting officers).
discussed
Cited "see"
Matthew M. Benning v. Board Of Regents Of Regency Universities
See Duckworth v. Franzen, 780 F.2d 645 (7th Cir.1985), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986); Wilson v. Beebe, 770 F.2d 578, 587-88 (6th Cir.1985) (en banc); Demery v. Kupperman, 735 F.2d 1139, 1146-48 (9th Cir.1984), cert. denied, 469 U.S. 1127 , 105 S.Ct. 810 , 83 L.Ed.2d 803 (1985); Downing v. Williams, 624 F.2d 612, 626 (5th Cir.1980), vacated on other grounds, 645 F.2d 1226 (1981). 10 Even though Rogers, Robinson and Vaughn cannot claim the cloak of official immunity cast by the Eleventh Amendment, state law demands that we dismiss Benning's claims against them.…
discussed
Cited "see"
Benning v. Board of Regents of Regency Universities
See Duckworth v. Franzen, 780 F.2d 645 (7th Cir.1985), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986); Wilson v. Beebe, 770 F.2d 578, 587-88 (6th Cir.1985) (en banc); Demery v. Kupperman, 735 F.2d 1139, 1146-48 (9th Cir.1984), cert. denied, 469 U.S. 1127 , 105 S.Ct. 810 , 83 L.Ed.2d 803 (1985); Downing v. Williams, 624 F.2d 612, 626 (5th Cir.1980), vacated on other grounds, 645 F.2d 1226 (1981).
discussed
Cited "see"
Shiny Rock Mining Corp. v. United States
See Acri v. International Ass’n of Machinists, 781 F.2d 1393, 1396 (9th Cir.) (“Under federal law a cause of action accrues when the plaintiff is aware of the wrong and can successfully bring a cause of action.”), cert. denied, 479 U.S. 816 , 107 S.Ct. 73 , 93 L.Ed.2d 29 (1986).
discussed
Cited "see"
Shiny Rock Mining Corporation v. United States
See Acri v. International Ass'n of Machinists, 781 F.2d 1393 , 1396 (9th Cir.) ("Under federal law a cause of action accrues when the plaintiff is aware of the wrong and can successfully bring a cause of action."), cert. denied, 479 U.S. 816 , 107 S.Ct. 73 , 93 L.Ed.2d 29 (1986). 12 Actual knowledge of government action, however, is not required for a statutory period to commence.
discussed
Cited "see"
McLin v. Trimble
(2×)
See, Duckworth v. Franzen, 780 F.2d 645 (7th Cir.1985), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986), wherein the court concluded that the conduct of officials in transporting prisoners did not violate the Eighth Amendment although prisoners received injuries when they were handcuffed, chained, and physically restricted to a bus which caught fire.
discussed
Cited "see"
Wigger v. McKee
(2×)
See Easton v. Boulder, 776 F.2d 1441 (10th Cir.1985) cert. denied 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986); Lee v. City of Mt.
discussed
Cited "see"
Johnson v. Pelker
See Duckworth v. Franzen, 780 F.2d 645, 652-53 (7th Cir.1985) (eighth amendment is violated only where conduct is "deliberate, or reckless in the criminal law sense"), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986).
discussed
Cited "see"
Johnson v. Pelker
See Duckworth v. Franzen, 780 F.2d 645, 652-53 (7th Cir.1985) (eighth amendment is violated only where conduct is “deliberate, or reckless in the criminal law sense”), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986).
cited
Cited "see"
Degan v. Ford Motor Company
See Acri v. International Ass'n of Machinists & Aerospace Workers, 781 F.2d 1393 , 1397 (9th Cir.), cert. denied, 479 U.S. 816 , 107 S.Ct. 73 , 93 L.Ed.2d 29 (1986).
cited
Cited "see"
Degan v. Ford Motor Co.
See Acri v. International Ass’n of Machinists & Aerospace Workers, 781 F.2d 1393, 1397 (9th Cir.), cert. denied, 479 U.S. 816 , 107 S.Ct. 73 , 93 L.Ed.2d 29 (1986).
cited
Cited "see"
Gibson v. City of Chicago
See Duckworth v. Franzen, 780 F.2d 645, 652 (7th Cir.1985), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986).
discussed
Cited "see, e.g."
Alegre v. Contreras
Corp., 906 F.2d at 1364; see also Acri v. Int’l Ass’n of Machinists, 16 781 F.2d 1393, 1396 (9th Cir. 1986) (“Under federal law a cause of action accrues when 17 the plaintiff is aware of the wrong and can successfully bring a cause of action.”), cert. 18 denied, 479 U.S. 816 (1986).
cited
Cited "see, e.g."
Cortez v. Close
See also Duckworth v. Franzen, 780 F.2d 645, 650-51 (7th Cir.), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1985).
cited
Cited "see, e.g."
Ramachandran v. Nottolini
See, e.g., Duckworth v. Franzen, 780 F.2d 645, 650 (7th Cir.1985), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986).
discussed
Cited "see, e.g."
Casteel v. Pieschek
“An official who is sued in his or her personal capacity can only be held liable for his or her individual wrongdoing.” Id.; see also Duckworth v. Franzen, 780 F.2d 645, 650 (7th Cir.1985), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986).
discussed
Cited "see, e.g."
O'Connor v. Steevs
See, e.g., Alinovi v. Worcester School Commit- tee, 777 F.2d 776, 787 (1st Cir. 1985), cert. denied, 479 U.S. 816 (1986) (letters of reprimand issued to teacher by school administration did not implicate an issue of "public concern" under Connick, despite tangential connection to an incident implicating the teacher's Fourth Amendment rights; "when [the teacher] posted the letters . . . she was not concerned with any possible violation of her Fourth Amendment rights, but rather, with [a] purely personal issue concerning the lack of action on the part of the administration regarding her discipli…
discussed
Cited "see, e.g."
Patrick J. O'COnnOr v. Robert W. Steeves
See, e.g., Alinovi v. Worcester School Committee, 777 F.2d 776, 787 (1st Cir.1985), cert. denied, 479 U.S. 816 , 107 S.Ct. 72 , 93 L.Ed.2d 29 (1986) (letters of reprimand issued to teacher by school administration did not implicate an issue of “public concern” under Connick , despite tangential connection to an incident implicating the teacher’s Fourth Amendment rights; “when [the teacher] posted the letters ... she was not concerned with any possible violation of her Fourth Amendment rights, but rather, with [a] purely personal issue concerning the lack of action on the part of the ad…
cited
Cited "see, e.g."
Rose v. Kettle Moraine Correctional Institution Officials
See also Duckworth v. Franzen, 780 F.2d 645 (7th Cir.1985), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986).
cited
Cited "see, e.g."
Hinkfuss v. Shawano County
See also Duckworth v. Franzett, 780 F.2d 645, 652-53 (7th Cir.1985), cert denied, 479 U.S. 816 , 107 S.Ct. 71 .[,] 93 L.Ed.2d 28 (1986). 8 .
discussed
Cited "see, e.g."
McNeal v. MacHt
See also Duckworth v. Franzen, 780 F.2d 645, 652 (7th Cir.1985), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986); Benson v. Cady, 761 F.2d 335, 339 (7th Cir.1985) (“A defendant acts recklessly when he disregards a substantial risk of danger that either is known to him or would be apparent to a reasonable person in his position.”). with Defendants Siebel and Holland contend that the plaintiff was a willing participant in a “fight,” which contrasts sharply with the plaintiff’s claim that he was the victim of an unprovoked assault by an inmate who was known to be danger…
discussed
Cited "see, e.g."
Harrington v. Schossow
As the court observed, “Edelman was concerned with claims for retroactive relief that by their nature must be paid from public funds, not actions directed against individuals that may ultimately be satisfied with state monies solely because the state has chosen to provide indemnification.” Greiss, 841 F.2d at 1046 ; see also Duckworth v. Franzen, 780 F.2d 645, 650-51 (7th Cir.1985), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986) (indemnification provision of state law does not extend eleventh amendment immunity to state employee sued in individual capacity); Spruytte v. W…
cited
Cited "see, e.g."
Jose Santiago, Cross-Appellee v. Michael P. Lane, Cross-Appellants
See also Duckworth v. Franzen, 780 F.2d 645, 652-53 (7th Cir.1985), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986). 7 .
discussed
Cited "see, e.g."
Gorman v. Moody
Compare Duckworth v. Franzen, 780 F.2d 645, 652-53 (7th Cir.1985) (criminal recklessness), cert. denied, 479 U.S. 816 , 107 S.Ct. 71 , 93 L.Ed.2d 28 (1986) with Benson v. Cady, 761 F.2d 335, 339-40 (7th Cir.1985) (gross negligence); see, e.g., Richardson, 839 F.2d at 394 -95 (citing both Duckworth and Benson, and applying Benson's gross negligence standard).
Retrieving the full opinion text from the archive…
Easton
v.
City of Boulder, Colorado
v.
City of Boulder, Colorado
No. 85-1802.
Supreme Court of the United States.
Oct 6, 1986.
Cited by 3 opinions | Published
C. A. 10th Cir. Certiorari denied.