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“although private hospitals are regulated by the state and required to obey state -7- laws, they are generally not proper 1983 defendants because they do not act under color of state law.”
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Top citers, strongest first. 11 distinct citers.
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discussed
Cited as authority (quoted)
McCray v. State of New York
although private hospitals are regulated by the state and required to obey state -7- laws, they are generally not proper 1983 defendants because they do not act under color of state law.
cited
Cited "see"
Duke v. Dallas County
See Piotrowski v. City of Houston, 237 F.3d 567, 578 (5th Cir.) (citing Monell v. Department of Social Services of City of New York, 436 U.S. 658, 694 (1978)), cert. denied, 534 U.S. 820 (2001).
discussed
Cited "see"
Price v. Jefferson County
Tex. Reg'l Narcotics Trafficking Task Force, 379 F.3d 293, 310 (5th Cir.2004) (quoting Fraire, 957 F.2d at 1281 ); see Piotrowski v. City of Houston,. 237 F.3d 567, 580 (5th Cir.), cert. denied, 534 U.S. 820 , 122 S.Ct. 53 , 151 L.Ed.2d 23 (2001). 1.
discussed
Cited "see"
Price v. Jefferson County
Tex. Reg’l Narcotics Trafficking Task Force, 379 F.3d 293, 310 (5th Cir.2004) (quoting Fraire, 957 F.2d at 1281 ); see Piotrowski v. City of Houston, 237 F.3d 567, 580 (5th Cir.), cert, denied, 534 U.S. 820 , 122 S.Ct. 53 , 151 L.Ed.2d 23 (2001). 1.
cited
Cited "see"
Sylvia's Haven, Inc. v. Massachusetts Development Finance Agency
See Christopher v. Stanley-Bostitch, Inc., 240 F.3d 95, 100 (1 Cir.), cert. denied, sub nom Stanley Works v. Christopher, 534 U.S. 820 , 122 S.Ct. 52 , 151 L.Ed.2d 22 (2001).
discussed
Cited "see, e.g."
Southerland v. City of New York
Overview of Constitutional Principles Relating to the State’s Removal of Children from Their Homes As we observed in a decision postdating the events at issue in these appeals, “[pjarents ... have a constitutionally protected liberty interest in the care, custody and management of their children.” Tenenbaum, 193 F.3d at 593 ; see also Troxel v. Granville, 530 U.S. 57, 65-66 , 120 S.Ct. 2054 , 147 L.Ed.2d 49 (2000) (collecting cases concerning the “fundamental right of parents to make decisions concerning the care, custody, and control of their children”). “[CJhildren have a paralle…
discussed
Cited "see, e.g."
Southerland v. City of New York
Overview of Constitutional Principles Relating to 15 the State's Removal of Children from Their Homes 16 As we observed in a decision post-dating the events at 17 issue in these appeals, "[p]arents . . . have a constitutionally 18 protected liberty interest in the care, custody and management of 19 their children." Tenenbaum, 193 F.3d at 593 ; see also Troxel v. 20 Granville, 530 U.S. 57, 65-66 (2000) (collecting cases concerning 21 the "fundamental right of parents to make decisions concerning 22 the care, custody, and control of their children"). "[C]hildren 23 have a parallel constitutional…
discussed
Cited "see, e.g."
Southerland v. City of New York
Overview of Constitutional'Principles Relating to the State’s Removal of Children from Their Homes As we observed in a decision postdating the events at issue in these appeals, “[pjarents ... have a constitutionally protected liberty interest in the care, custody and management of their children.” Tenenbaum, 193 F.3d at 593 ; see also Troxel v. Granville, 530 U.S. 57, 65-66 , 120 S.Ct. 2054 , 147 L.Ed.2d 49 (2000) (collecting cases concerning the “fundamental right of parents to make decisions concerning the care, custody, and control of their children”). “[Cjhildren have a paralle…
discussed
Cited "see, e.g."
Southerland v. City of New York
III.Overview of Constitutional Law in the Context of the State’s Removal of Children from Their Home As we observed in a decision postdating the events at issue in these appeals, “[p]arents ... have a constitutionally protected liberty interest in the care, custody and management of their children.” Tenenbaum, 193 F.3d at 593 ; see also Troxel v. Granville, 530 U.S. 57, 65-66 , 120 S.Ct. 2054 , 147 L.Ed.2d 49 (2000) (collecting cases concerning the “fundamental right of parents to make decisions concerning the care, custody, and control of their children”). “[C]hildren have a paral…
cited
Cited "see, e.g."
Salvador v. Bank of America, National Ass'n Ex Rel. Wells Fargo Bank, N.A. (In Re Salvador)
See also Turner v. Beneficial Corp., 242 F.3d 1023, 1027-28 (11th Cir.) (en banc) cert. denied 534 U.S. 820 , 122 S.Ct. 51 , 151 L.Ed.2d 21 (2001) (requiring a casual link for TILA claims).
discussed
Cited "see, e.g."
Momennia v. Estrada
See also Piotrowski v. City of Houston, 237 F.3d 567, 584 (5th Cir.), cert. denied, 534 U.S. 820 , 122 S.Ct. 53 , 151 L.Ed.2d 23 (2001) (noting that this court has never adopted the "state-created danger” theory); Randolph v. Cervantes, 130 F.3d 727, 731 (5th Cir.1997), ce rt. denied, 525 U.S. 822 , 119 S.Ct. 65 , 142 L.Ed.2d 51 (1998) (same). 5 .The court need not decide whether the Fifth Circuit would recognize the right of a criminal alien to prevent the execution of an otherwise valid removal order under a "state-created danger" theory because petitioner has failed to prove the elements …
Retrieving the full opinion text from the archive…
Turner
v.
Beneficial Corp.
v.
Beneficial Corp.
No. 00-1799.
Supreme Court of the United States.
Oct 1, 2001.
Published
Citer courts: W.D. New York (1)
C. A. 11th Cir. Certiorari denied.