green
Positive treatment
Quoted verbatim 1×
5.1 score
G Cite
cited 3× by 1 distinct case ·
"Defendants are liable for damages only if they should have known that what they did violated the law."
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 12 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Salas Garcia v. Cesar Perez
defendants are liable for damages only if they should have known that what they did violated the law.
cited
Cited "see"
Gomes v. University of Maine System
See Newman v. Massachusetts, 884 F.2d 19, 23 (1st Cir. 1989), cert. denied, 493 U.S. 1078 , 110 S.Ct. 1132 , 107 L.Ed.2d 1037 (1990).
discussed
Cited "see"
JSS REALTY CO., LLC v. Town of Kittery, Maine
See Newman v. Commonwealth of Massachusetts, 884 F.2d 19, 25 (1st Cir.1989), cert. denied, 493 U.S. 1078 , 110 S.Ct. 1132 , 107 L.Ed.2d 1037 (1990); see also Villas of Lake Jackson v. Leon County, 121 F.3d 610, 614 (11th Cir.1997)(citing The Reserve, Ltd. v. Town of Longboat Key, 17 F.3d 1374, 1379-80 (11th Cir.1994))(citing Board of Regents v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701, 2709 , 33 L.Ed.2d 548 (1972))(recognizing the existence of a substantive due process takings claim as distinct from a substantive due process claim based on arbitrary and capricious government action); Texas Manu…
discussed
Cited "see"
Homar v. Gilbert
See Newman v. Massachusetts, 884 F.2d 19, 25 (1st Cir.1989) (“We are persuaded that at the time defendants acted it was clearly established in our circuit that school authorities who make an arbitrary and capricious decision significantly affecting a tenured teacher’s employment status are liable for a substantive due process violation.”), cer t. denied, 493 U.S. 1078 , 110 S.Ct. 1132 , 107 L.Ed.2d 1037 (1990); Moore v. Warwick Public Sch.
cited
Cited "see"
County of Adams v. Nebraska State Board of Equalization & Assessment
See Trailblazer Pipeline Co. v. State Bd. of Equal., 232 Neb. 823 , 442 N.W.2d 386 (1989), cert. denied 493 U.S. 1078 , 110 S. Ct. 1130 , 107 L.
discussed
Cited "see"
George Albert v. United States
See United States v. Carbone, 880 F.2d 1500, 1502 (1st Cir. 1989), cert. denied, 493 U.S. 1078 (1990). 9 To establish ineffective assistance of counsel, Albert must show that (1) his attorney's performance was, under all of the circumstances, unreasonable under prevailing professional norms; and (2) there is a "reasonable probability that, but for counsel's unprofessional errors, the result would have been different." Strickland v. Washington, 466 U.S. 668, 687-94 (1984).
discussed
Cited "see"
Tri-County Landfill, Inc. v. Board of County Commissioners
(2×)
See, Northern Natural Gas Co. v. State Bd. of Equal., 232 Neb. 806 , 443 N.W.2d 249 (1989), cert. denied 493 U.S. 1078 , 110 S. Ct. 1130 , 107 L.
discussed
Cited "see"
Thomas R. Sligar v. Dennis Fries
See, England v. Hendricks, 880 F.2d 281 (10th Cir.1989), cert. denied, 493 U.S. 1078 (1990). 7 Sligar contends that the district court dismissed his complaint in direct violation of Plaisance v. Phelps, 845 F.2d 107 (5th Cir.1988).
discussed
Cited "see"
Atiya v. Salt Lake County
See England v. Hendricks, 880 F.2d 281, 285 (10th Cir.1989), cert. denied, 493 U.S. 1078 , 110 S.Ct. 1130 , 107 L.Ed.2d 1036 (1990). 11 It would appear from the record before us that the district court in the instant case made no "express determination" that its order of April 5, 1989, was a final, appealable order.
cited
Cited "see"
Atiya v. Salt Lake County
See England v. Hendricks, 880 F.2d 281, 285 (10th Cir.1989), cert. denied, 493 U.S. 1078 , 110 S.Ct. 1130 , 107 L.Ed.2d 1036 (1990).
cited
Cited "see"
Blue Circle Atlantic, Incorporated v. Falcon Materials, Incorporated Concrete Supply & Service Corporation
See Deadwyler v. Volkswagen of Am., Inc., 884 F.2d 779, 781, 783-84 (4th Cir. 1989), cert. denied, 493 U.S. 1078 (1990).
discussed
Cited "see, e.g."
Silva v. University of New Hampshire
See also Pittsley v. Warish, 927 F.2d 3, 6 (1st Cir.) (substantive due process “imposes limits on what a state may do regardless of what procedural protection is provided”), cert. denied, 502 U.S. 879 , 112 S.Ct. 226 , 116 L.Ed.2d 183 (1991). [SJubstantive due process protects individuals against state actions which are “arbitrary and capricious,” Newman [v. Commonwealth of Mass.], 884 F.2d [19,] 25 [ (1st Cir.1989), cert. denied, 493 U.S. 1078 , 110 S.Ct. 1132 , 107 L.Ed.2d 1037 (1990) ], or those which run counter to “the concept of ordered liberty,” Palko v. Connecticut, 302 U.S…
Retrieving the full opinion text from the archive…
Morfesis
v.
Department of Housing Preservation and Development of the City of New York
v.
Department of Housing Preservation and Development of the City of New York
No. 89-1020.
Supreme Court of the United States.
Feb 20, 1990.
493 U.S. 1078
Published
Citer courts: D. Puerto Rico (1)
App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.