A parolee's criminal act is too remote a consequence of a parole board's release decision to constitute a deprivation of life under the Fourteenth Amendment.
After state officials released a parolee despite knowing his violent history, the parolee killed a young girl. The survivors sued the officials, alleging that the state's immunity statute for parole decisions violated the Due Process Clause and that the officials were liable under 42 U.S.C. § 1983. The Court held that the state immunity statute is constitutional as it rationally furthers state policy and does not authorize the deliberate killing of persons. Furthermore, the Court determined that the parolee's criminal act was too remote a consequence of the officials' decision to constitute a deprivation of life under the Fourteenth Amendment, meaning the officials were not liable under federal civil rights law.
At page 285 Remoteness of injury under section 1983 claims130 citing cases“too remote a consequence of the parole officers' action to hold them responsible under the federal civil rights law.”
- Johnson v. Summers, 577 N.E.2d 301 (Mass. 1991).published (showing required to establish proximate cause under § 1983 may be more demanding than under State law)
- Sterling v. City of Jackson, No. 24-60370 (5th Cir. Nov. 17, 2025).published([D]epending on the facts of a particular case, a ‘discrete plaintiff’ may mean a specific person or a specific class of persons.)
- Davis v. City of Indianapolis, 656 F. Supp. 3d 832 (S.D. Ind. 2023).published(Dangers to the public at large are insufficient for constitutional purposes.)
- Cooper v. City of Indianapolis, No. 1:22-cv-00917 (S.D. Ind. Feb. 7, 2023).(Dangers to the public at large are insufficient for constitutional purposes.)
- Lampley v. City of Harvey, No. 1:22-cv-03761, 2023 WL 121747 (N.D. Ill. Jan. 6, 2023).(Dangers to the public at large are insufficient for constitutional purposes.)
- Hall v. City of Portland, No. 3:22-cv-00074 (D. Or. Aug. 22, 2022). ([T]he parole board was not aware that appellants' decedent, as distinguished from the public at large, faced any special danger.)
- Buckheit v. Dennis, 713 F. Supp. 2d 910 (N.D. Cal. 2010).published “Conduct by persons acting under color of state law which is wrongful under 42 U.S.C. § 1983 ... cannot be immunized by state law”
- Sheena Yarbrough v. Decatur Hous. Auth., 941 F.3d 1022 (11th Cir. 2019).published“even if a state decision does deprive an individual of life or property, and even if that decision is 9 case: 17-11500 date filed: 10/29/2019 page: 10 of 20 erroneous, it does not necessarily follow that the decision vi…”
- Parker v. Marston, No. 1:17-cv-00229 (W.D.N.C. Aug. 12, 2019).“conduct by persons acting under color of state law which is wrongful under 42 u.s.c. 1983 . . . cannot be immunized by state law.”
- Hackenmueller v. Fadden, 196 F. Supp. 3d 992 (D. Minn. 2016).published “not every injury in which a state official has played some part is actionable.”
Show 120 more citing cases
- United States v. Maricopa, 151 F. Supp. 3d 998 (D. Ariz. 2015).published “a construction of the federal statute which permitted a state immunity defense to have controlling effect would transmute a basic guarantee into an illusory promise; and the supremacy clause of the constitution insures…”
- Hayden v. Nevada Cnty., AR, 664 F.3d 770 (8th Cir. 2012).published “not every injury in which a state official has played some part is actionable”
- Cook v. Popplewell, 394 S.W.3d 323 (Ky. 2011).published “conduct by persons acting under color of state law which is wrongful under 42 u.s.c. 1983 ... cannot be immunized by state law.”
- Prince v. Cnty. of Nassau, 837 F. Supp. 2d 71 (E.D.N.Y. 2011).published “not every injury in which a state official has played some part is actionable under section 1983.”
- Mills v. Wong, 155 S.W.3d 916 (Tenn. 2005).published “the statutory im 923 munity defense, like an element of the tort claim itself, is merely one aspect of the state's definition of that property interest.”
- Frank Fetzer Mills, Jr. v. Luis L. Wong, M.D., No. W2002-02353-SC-R11-CV (Tenn. Feb. 16, 2005).published“the statutory immunity defense, like an element of the tort claim itself, is merely one aspect of the state's definition of that property interest.”
- Camilo-Robles v. Hoyos, 151 F.3d 1 (1st Cir. 1998).published “conduct by persons acting under color of state law which is wrongful under 42 u.s.c. 1983 ... cannot be immunized by state law.”
- Grancid Camilo-Robles v. Dr. Guillermo Hoyos & Dr. Hector O. Rivera-Gonzalez, Grancid Camilo-Robles v. Pedro A. Toledo-Davila, Grancid Camilo-Robles v. Gilberto Diaz-Pagan, Grancid Camilo-Robles v. Pablo Santiago-Gonzalez, 151 F.3d 1 (1st Cir. 1998).published “conduct by persons acting under color of state law which is wrongful under 42 u.s.c. 1983 ... cannot be immunized by state law.”
- Uhlrig v. Harder, 64 F.3d 567 (10th Cir. 1995).published “although 1983 has been described as a species of tort liability, it is perfectly clear that not every injury in which a state official has played some part is actionable under that statute.”
- Thomas v. Allen, 837 S.W.2d 631 (Tex. 1992).published “we note that where the same type of claim, if arising under state law, would be enforced in the state courts, the state courts are generally not free to refuse enforcement of the federal claim”
- Manchester v. Rzewnicki, 777 F. Supp. 319 (D. Del. 1991).published “not every injury in which a state official has played some part is actionable under 1983”
- Gary Rheuport & Harry Saddoris v. Robert Ferguson, Ronald Woods Don Sandelin Easter Lake Estates, Inc. Marlys Watson. Gary Rheuport & Harry Saddoris v. Ronald Woods, Don Sandelin, & Easter Lake Estates, Inc., Marlys Watson & Robert Ferguson. Gary Rheuport & Harry Saddoris v. Ronald Woods, Don Sandelin Easter Lake Estates, Inc., & Robert Ferguson, Marlys Watson, 819 F.2d 1459 (8th Cir. 1987).published “the issue in baker was, assuming the plaintiff had been deprived of constitutionally protected liberty, what process was due.”
- Rheuport v. Ferguson, 819 F.2d 1459 (8th Cir. 1987).published “the issue in baker was, assuming the plaintiff had been deprived of constitutionally protected liberty, what process was due.”
- West v. Keve, 541 F. Supp. 534 (D. Del. 1982).published “we note that the california courts accepted jurisdiction of this federal claim. that exercise of jurisdiction appears to be consistent with the general rule....”
- Crumpacker v. Moody, 516 F. Supp. 282 (N.D. Ind. 1981).published “although 1983 claim has been described as 'a species of tort liability' ... it is perfectly clear that not every injury in which a state official has played some part is actionable under that statute.”
- Hendrick, No. 7:25-cv-06294 (S.D.N.Y. Aug. 4, 2026).Jan. 11, 2012) (citing Martinez v. California, 444 U.S. 277, 285 (1980)).
- Russell, No. 7:25-cv-02014 (S.D.N.Y. July 21, 2026).Ross, 2012 WL 86467 , at *9 (citing Martinez v. California, 444 U.S. 277, 285 (1980)).
- Foli, No. 7:23-cv-05982 (S.D.N.Y. July 9, 2026).Ross, 2012 WL 86467 , at *9 (citing Martinez v. California, 444 U.S. 277, 285 (1980)).
- Griffin, No. 7:23-cv-09810 (S.D.N.Y. June 26, 2026).Ross, 2012 WL 86467 , at *9 (citing Martinez v. California, 444 U.S. 277, 285 (1980)).
- Hargrove, No. 2:21-cv-04082 (E.D. Pa. Dec. 8, 2025).(holding a decedent’s death five months after a parole board granted a former prisoner release “is too remote a consequence of the parole officers’ action to hold them responsible under the federal civil rights law)
- Averhart, No. 7:21-cv-00383 (S.D.N.Y. Oct. 29, 2025).Ross, 2012 WL 86467 , at *9 (citing Martinez v. California, 444 U.S. 277, 285 (1980)).
- Kathy Jo Taylor, a Minor, by & Through David S. Walker, Jr., Attorney at Law as Guardian Ad Litem v. James G. Ledbetter, ph.d., 818 F.2d 791 (11th Cir. 1987).published
- Nelson v. Missouri Osteopathic Found., 626 F. Supp. 602 (W.D. Mo. 1985).published
- Fox v. Custis, 712 F.2d 84 (4th Cir. 1983).published
- Rodney Browne v. Shasta Cnty., Stephen S. Carlton, Sheriffs Dep't, 942 F.2d 790 (9th Cir. 1991).unpublished
- Jensen v. Conrad, 570 F. Supp. 91 (D.S.C. 1983).published
- Buenavista v. City & Cnty. of San Francisco, 207 Cal. App. 3d 1168 (Cal. Ct. App. 1989).published
- Doe v. Rains Cnty. Indep. Sch. Dist., No. 94-41113 (5th Cir. Oct. 4, 1995).published
- City of Springfield v. Kibbe, 480 U.S. 257 (1987).published
- DeShaney v. Winnebago Cnty. Dep't of Soc. Servs., 489 U.S. 189 (1989).published
- Brower Ex Rel. Est. of Caldwell v. Cnty. of Inyo, 489 U.S. 593 (1989).published
- Eloise Beard, as Adm'x of the Est. of Jeff Beard, Deceased v. William M. O'Neal, 728 F.2d 894 (7th Cir. 1984).published
- Clarence C. Trotter v. Paul J. Klincar, Individually & as Acting Chairman of the Prison Review Bd., 748 F.2d 1177 (7th Cir. 1984).published
- Davidson v. O'Lone, 752 F.2d 817 (3d Cir. 1984).published
- Est. of, 768 F.2d 503 (3d Cir. 1985).published
- Linda Hayes & John Hayes, Cross-Appellants v. Harry Vessey, Cross-Appellee, 777 F.2d 1149 (6th Cir. 1985).published
- Nishiyama v. Dickson Cnty., Tenn., 779 F.2d 52 (6th Cir. 1985).unpublished
- Janan v. Trammell, 785 F.2d 557 (6th Cir. 1986).published
- Est. of Patricia E. Gilmore, Joseph P. Gilmore v. John J. Buckley, 787 F.2d 714 (1st Cir. 1986).published
- Escamilla v. City of Santa Ana, 796 F.2d 266 (9th Cir. 1986).published
- Stoneking v. Bradford Area Sch. Dist., 856 F.2d 594 (3d Cir. 1988).published
- Lawrence J. Korb v. John F. Lehman, Jr. Everett Pyatt Melvyn R. Paisley, & Carl M. Smith, 919 F.2d 243 (4th Cir. 1991).published
- Deborah Shaw, Adm'x of the Est. of Sidney Bowen, Deceased Nancy Bowen, Individually, & as Guardian Ad Litem for Kimberly Yvonne Bowen & Lee Frederick Bowen, the Minor Child. of Sidney Bowen v. C.I. Stroud, Individually, & Alfred E. Morris, J.M. Smith J.A. McVicker J.H. Parks, in Their Individual Capacities, Deborah Shaw, Adm'x of the Est. of Sidney Bowen, Deceased Nancy Bowen, Individually, & as Guardian Ad Litem for Kimberly Yvonne Bowen & Lee Frederick Bowen, the Minor Child. of Sidney Bowen v. Alfred E. Morris C.I. Stroud, J.M. Smith, in Their Individual Capacities, & J.A. McVicker J.H. Parks, in Their Individual Capacities, Deborah Shaw, Adm'x of the Est. of Sidney Bowen, Deceased Nancy Bowen, Individually, & as Guardian Ad Litem for Kimberly Yvonne Bowen & Lee Frederick Bowen, the Minor Child. of Sidney Bowen v. C.I. Stroud Alfred E. Morris J.M. Smith, in Their Individual Capacities, Deborah Shaw, Adm'x of the Est. of Sidney Bowen, Deceased Nancy Bowen, Individually, & as Guardian Ad Litem for Kimberly Yvonne Bowen & Lee Frederick Bowen, the Minor Child. of Sidney Bowen v. C.I. Stroud, Individually, 13 F.3d 791 (4th Cir. 1994).published
- Fields v. Powell, 47 F.3d 1168 (6th Cir. 1995).unpublished
- Tyrone Victor Hardin v. Michael Fox, 51 F.3d 272 (6th Cir. 1995).unpublished
- George Hickey, Jr. v. Robert Ficano, Hollom, Nurse, 57 F.3d 1069 (6th Cir. 1995).published
- Robert L. Smith, Jr. v. Dennis Talley Ricky Bell Rickman, Capt. Nicky Jordan William Ricky Peebles, 57 F.3d 1070 (6th Cir. 1995).published
- Jimmie Lee Riley v. William Overton D. Smith Arum Borton Ruo Foote Erskin Ruo J. Clark, 57 F.3d 1070 (6th Cir. 1995).published
- Napoleon Hartsfield v. Gary West & Peter Isaacson, 62 F.3d 1417 (6th Cir. 1995).unpublished
- Kuwebin By & Through Street v. City of Wellston, 108 F.3d 1382 (8th Cir. 1997).unpublished
- Raynor v. City of Longview, 116 F.3d 485 (9th Cir. 1997).unpublished
- S.S. Ex Rel. Jervis v. McMullen, 186 F.3d 1066 (8th Cir. 1999).published
- Mousa I. Dababnah, M.D. v. Kristen Keller-Burnside, Chief Assistant Prosecuting Attorney for Raleigh Cnty., Beckley, Wv 25801, &, 208 F.3d 467 (4th Cir. 2000).published
- Garcia v. Superior Court, 789 P.2d 960 (Cal. 1990).published
- Sheets v. Indiana Dep't of Corr., 656 F. Supp. 733 (S.D. Ind. 1986).published
- Est. of Bailey v. Cnty. of York, 580 F. Supp. 794 (M.D. Pa. 1984).published
- Dorothy J. v. Little Rock Sch. Dist., 794 F. Supp. 1405 (E.D. Ark. 1992).published
- Davis v. Casey, 493 F. Supp. 117 (D. Mass. 1980).published
- Grantham v. Dept. of Corr., 522 So. 2d 219 (Miss. 1988).published
- Mason v. Melendez, 525 F. Supp. 270 (W.D. Wis. 1981).published
- Sykes v. Grantham, 567 So. 2d 200 (Miss. 1990).published
- Piechowicz v. United States, 685 F. Supp. 486 (D. Md. 1988).published
- Novick v. City of Los Angeles, 148 Cal. App. 3d 325 (Cal. Ct. App. 1983).published
- Payton v. City of Detroit, 536 N.W.2d 233 (Mich. Ct. App. 1995).published
- City & Cnty. of San Francisco v. Ballard, 136 Cal. App. 4th 381 (Cal. Ct. App. 2006).published
- Gilmore v. Bostic, 659 F. Supp. 2d 755 (S.D. W. Va. 2009).published
- Lorraine Gormley v. Latanya Wood-El (069717), 93 A.3d 344 (N.J. 2014).published
- Buchanan-Moore v. Cnty. of Milwaukee, 570 F.3d 824 (7th Cir. 2009).published
- Bobby Davis v. Charles Bost, No. 95-3157 (8th Cir. July 26, 1996).published
- Christian Kuwebin v. City of Wellston, No. 96-2647 (8th Cir. Mar. 17, 1997).unpublished
- Michael Slusarchuk v. Jon Hoff, 346 F.3d 1178 (8th Cir. 2003).published
- Summer Parrish v. Sheriff Ron Ball, No. 08-3517 (8th Cir. Feb. 10, 2010).published
- Michael-Ryan Kruger v. State of Nebraska, 820 F.3d 295 (8th Cir. 2016).published
- Geraldine Johnson v. City of Philadelphia, 837 F.3d 343 (3d Cir. 2016).published
- Pagan-Gonzalez v. Moreno, 919 F.3d 582 (1st Cir. 2019).published
- Jason Grant v. John Doe, No. 18-2680 (7th Cir. Dec. 9, 2019).unpublished
- Santangelo v. State, 101 A.D.2d 20 (N.Y. App. Div. 4th Dep't 1984).published
- Brum v. Town of Dartmouth, 704 N.E.2d 1147 (Mass. 1999).published
- Hocker v. Woody, 613 P.2d 1183 (Wash. Ct. App. 1980).published
- Shaw v. Stroud, 13 F.3d 791 (4th Cir. 1994).published
- Est. of Bailey ex rel. Oare v. Cnty. of York, 768 F.2d 503 (3d Cir. 1985).published
- Clifton Smith v. City of Detroit, Mich., No. 23-1448 (6th Cir. May 2, 2024).unpublished
- (PC) Sanders v. Grimes, No. 1:18-cv-01285 (E.D. Cal. Mar. 24, 2020).
- (PC) Sanders v. Grimes, No. 1:18-cv-01285 (E.D. Cal. July 1, 2020).
- Jaimes v. Cook Cnty., No. 1:17-cv-08291 (N.D. Ill. May 3, 2021).
- Marsh v. Caruana, No. 3:22-cv-50023 (N.D. Ill. Nov. 17, 2022).
- Demuth v. Chenango Cnty. Sheriff's Off., No. 9:18-cv-00915 (N.D.N.Y. Mar. 3, 2020).
- Hart v. Town of Guilderland, No. 1:20-cv-00475 (N.D.N.Y. June 1, 2020).
- Hart v. Town of Guilderland, No. 1:20-cv-00475 (N.D.N.Y. Aug. 5, 2020).
- Crews v. The City of Ithaca, No. 3:17-cv-00213 (N.D.N.Y. Jan. 26, 2021).
- Raydo v. City of New York, No. 1:18-cv-10919 (S.D.N.Y. May 20, 2020).
- Fennell v. Luther, No. 4:21-cv-01717 (M.D. Pa. Feb. 1, 2023).
- Alford v. Baylor, No. 1:20-cv-01787 (M.D. Pa. Mar. 10, 2023).
- Cooper v. Ransom, No. 4:21-cv-01793 (M.D. Pa. Feb. 20, 2024).
- Amanda Rakes v. Jonathan Roederer, 117 F.4th 968 (7th Cir. 2024).published
- Amanda Rakes v. Jonathan Roederer, No. 23-1816 (7th Cir. Sept. 26, 2024).published
- Ackerman, No. 4:25-cv-00948 (W.D. Mo. Sept. 15, 2026).
- Smith v. Dist. of Columbia, 413 F.3d 86 (D.C. Cir. 2005).published
- Wolfgang Arnold v. Int'l Bus. MacHines Corp., 637 F.2d 1350 (9th Cir. 1981).published
- Thomas L. Bowers, Adm'r of the Est. of Marguerite Anne Bowers, Deceased v. Robert A. Devito, M.D., 686 F.2d 616 (7th Cir. 1982).published
- Leeanne Wright v. The City of Ozark, 715 F.2d 1513 (11th Cir. 1983).published
- Cynthia Ketchum v. Cnty. of Alameda Alameda Cnty. Bd. of Supervisors Sheriff Glenn Dyer & Chief Ron Cain, 811 F.2d 1243 (9th Cir. 1987).published
- Comm. of United States Citizens Living in Nicaragua v. Ronald Wilson Reagan, President of the United States, 859 F.2d 929 (D.C. Cir. 1988).published
- Dorothy J. v. Little Rock Sch. Dist., 7 F.3d 729 (8th Cir. 1993).published
- Mario Henry v. City of Erie, 728 F.3d 275 (3d Cir. 2013).published
- Wittkowski Ex Rel. Wittkowski v. State, Corr. Dep't, 710 P.2d 93 (N.M. Ct. App. 1985).published
- Jensen v. Conrad, 570 F. Supp. 114 (D.S.C. 1983).published
- Est. of Gilmore v. Buckley, 608 F. Supp. 554 (D. Mass. 1985).published
- Dudosh v. City of Allentown, 665 F. Supp. 381 (E.D. Pa. 1987).published
- Bowers v. DeVito, 486 F. Supp. 742 (N.D. Ill. 1980).published
- Holmes v. Wampler, 546 F. Supp. 500 (E.D. Va. 1982).published
- Escamilla v. City of Santa Ana, 606 F. Supp. 928 (C.D. Cal. 1985).published
- Buchanan-Moore v. City of Milwaukee, 576 F. Supp. 2d 944 (E.D. Wis. 2008).published
- DESKOVIC v. City of Peekskill, 673 F. Supp. 2d 154 (S.D.N.Y. 2009).published
- Gaston v. Houston Cnty., Texas, 196 F. Supp. 2d 445 (E.D. Tex. 2002).published
- Ashford v. Dist. of Columbia, 306 F. Supp. 2d 8 (D.D.C. 2004).published
- Sanchez v. City of New York, No. 17-2796-cv (2d Cir. June 5, 2018).unpublished
- Seldon v. Goodman, 487 F. Supp. 30 (S.D.N.Y. 1980).published
- Aga v. Meade Cnty., No. 5:21-cv-05059 (D.S.D. Aug. 29, 2022).
- Martinez v. Nienow, No. 3:23-cv-02338 (S.D. Cal. Dec. 20, 2024).“Conduct by persons acting under color of state law which is 2 wrongful under 42 U.S.C. § 1983 ... cannot be immunized by state law.”
At page 284 Determining initial inquiry in federal civil rights claims120 citing cases�Conduct by persons acting under color of state law which is wrongful under 42 U.S.C. § 1983 . . . cannot be immunized by state law’ ”)
- Trull v. City of Lodi, No. 2:23-cv-01177 (E.D. Cal. Mar. 29, 2024).(Immunity under § 1983 is governed by 13 federal law; state law cannot provide immunity from suit for federal civil rights violations.)
- ThermoLife Int'l LLC v. Neogenis Labs Inc., No. 2:18-cv-02980, 2020 WL 6395442 (D. Ariz. Nov. 2, 2020).([A] state absolute litigation 16 privilege purporting to confer immunity from suit cannot defeat a federal cause of action.)
- Buckheit v. Dennis, 713 F. Supp. 2d 910 (N.D. Cal. 2010).published (Conduct by persons acting under color of state law which is wrongful under 42 U.S.C. § 1983 ... cannot be immunized by state law)
- Cantrell v. Morris, 849 N.E.2d 488 (Ind. 2006).published “it is clear that the california immunity statute does not control this claim 42 u.s.c. 1983 even though the federal cause of action is being asserted in the state courts.”
- LaFrance v. Rampone, 678 F. Supp. 72 (D. Vt. 1988).published “we also conclude that it is not necessary for us to decide any question concerning the immunity of state parole officials as a matter of federal law____”
- John Houston Sellars v. Raymond K. Procunier, 641 F.2d 1295 (9th Cir. 1981).published “it is not necessary for us to decide any question concerning the immunity of state parole officials as a matter of federal law . . .”
- Gates v. Superior Court, 32 Cal. App. 4th 481 (Cal. Ct. App. 1995).published
- Haywood v. Drown, 556 U.S. 729 (2009).published
- Milton A. Miller & Mandel M. Miller v. The City of Los Angeles, a Mun. Corp., 755 F.2d 1390 (9th Cir. 1985).published
- Glover v. City of Portland, Tenn., 675 F. Supp. 398 (M.D. Tenn. 1987).published
Show 110 more citing cases
- Holmes v. Chicago Transit Auth., 505 F. Supp. 877 (N.D. Ill. 1981).published
- Greene v. Zank, 158 Cal. App. 3d 497 (Cal. Ct. App. 1984).published
- Black v. North Panola Sch. Dist., 461 F.3d 584 (5th Cir. 2006).published
- Cleavinger v. Saxner, 474 U.S. 193 (1985).published
- Daniels v. Williams, 474 U.S. 327 (1986).published
- Davidson v. Cannon, 474 U.S. 344 (1986).published
- Felder v. Casey, 487 U.S. 131 (1988).published
- Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996).published
- Idaho v. Coeur D'Alene Tribe of Idaho, 521 U.S. 261 (1997).published
- Fox v. Custis, 712 F.2d 84 (4th Cir. 1983).published
- McClary v. O'Hare, 786 F.2d 83 (2d Cir. 1986).published
- Kimberly Ann Carlson v. Raymond Henry Conklin, Perry Johnson, 813 F.2d 769 (6th Cir. 1987).published
- Larry K. Howard, Individually & as Pers. Rep. of the Est. of Phillip Brian Howard, Deceased June Ellen Howard & Jeffrey Keith Howard v. Dr. John Doe, Dr. Ismail B. Sendi (86-1279), Dr. Yogeschandra Shukla & Charles Sonnenfield (86-1280), 820 F.2d 1224 (6th Cir. 1987).unpublished
- Rodney Browne v. Shasta Cnty., Stephen S. Carlton, Sheriffs Dep't, 942 F.2d 790 (9th Cir. 1991).unpublished
- Balas v. Leishman-Donaldson, 976 F.2d 733 (6th Cir. 1992).unpublished
- Ervin Charles St. Amand v. Francis Smith, Lt., Individually & Officially John Campbell Dwaine Roberson & David Sarnowski, 21 F.3d 1115 (9th Cir. 1994).unpublished
- Warmus v. Hank, 48 F.3d 1220 (6th Cir. 1995).published
- Alana Cash v. Los Angeles Cnty. Dist. Attorney, 50 F.3d 13 (9th Cir. 1995).unpublished
- Wallis ex rel. Wallis v. Spencer, 193 F.3d 1054 (9th Cir. 1999).published
- No. 97-55579, 202 F.3d 1126 (9th Cir. 2000).published
- Lso, Ltd. v. Jay Stroh, 205 F.3d 1146 (9th Cir. 2000).published
- Shrum Ex Rel. Kelly v. Kluck, 249 F.3d 773 (8th Cir. 2001).published
- Greg Elkins v. Modena McKenzie, No. 2002-IA-00845-SCT (Miss. May 13, 2002).published
- Germann v. Stephens, 2006 MT 130, 137 P.3d 545.published
- Donahoo v. State, 479 So. 2d 1188 (Ala. 1985).published
- Brosterhous v. State Bar, 906 P.2d 1242 (Cal. 1995).published
- Makanui v. Dep't of Educ., 721 P.2d 165 (Haw. App. 1986).published
- Willbourn v. City of Tulsa, 721 P.2d 803 (Okla. 1986).published
- Badia v. City of Casa Grande, 988 P.2d 134 (Ariz. Ct. App. 1999).published
- Carrillo v. State, 817 P.2d 493 (Ariz. Ct. App. 1991).published
- Caldwell v. Montoya, 897 P.2d 1320 (Cal. 1995).published
- De Sanchez v. Genoves-Andrews, 410 N.W.2d 803 (Mich. Ct. App. 1987).published
- Corum v. Univ. of North Carolina, 413 S.E.2d 276 (N.C. 1992).published
- Dickerson Carolina, Inc. v. Harrelson, 443 S.E.2d 127 (N.C. Ct. App. 1994).published
- Jensen v. Conrad, 570 F. Supp. 91 (D.S.C. 1983).published
- Williams v. Alabama State Univ., 865 F. Supp. 789 (M.D. Ala. 1994).published
- DiGiovanni v. City of Rochester, 680 F. Supp. 80 (W.D.N.Y. 1988).published
- Penthouse, Inc. v. Saba, 399 So. 2d 456 (Fla. 2d DCA 1981).published
- Lindas v. Cady, 441 N.W.2d 705 (Wis. 1989).published
- Paoli v. Lally, 636 F. Supp. 1252 (D. Md. 1986).published
- Sudul v. City of Hamtramck, 562 N.W.2d 478 (Mich. Ct. App. 1997).published
- Tatsch-Corbin v. Feathers, 561 F. Supp. 2d 538 (W.D. Pa. 2008).published
- Besler v. Bd. of Educ. of W. Windsor, 993 A.2d 805 (N.J. 2010).published
- Williams v. Baxter, 536 F. Supp. 13 (E.D. Tenn. 1982).published
- Trembley v. City of Cent. Falls, 480 A.2d 1359 (R.I. 1984).published
- Newton v. Cnty. of Napa, 217 Cal. App. 3d 1551 (Cal. Ct. App. 1990).published
- Fenton v. Groveland Cmty. Servs. Dist., 135 Cal. App. 3d 797 (Cal. Ct. App. 1982).published
- ELENE H. v. Cnty. of Los Angeles, 220 Cal. App. 3d 1445 (Cal. Ct. App. 1990).published
- Buenavista v. City & Cnty. of San Francisco, 207 Cal. App. 3d 1168 (Cal. Ct. App. 1989).published
- Karchefske v. Dep't of Mental Health, 371 N.W.2d 876 (Mich. Ct. App. 1985).published
- Rushing v. Wayne Cnty., 462 N.W.2d 23 (Mich. 1990).published
- Stevenson v. San Francisco Hous. Auth., 24 Cal. App. 4th 269 (Cal. Ct. App. 1994).published
- Cnty. of Los Angeles v. Superior Court, 78 Cal. App. 4th 212 (Cal. Ct. App. 2000).published
- Texas Educ. Agency v. Leeper, Worth 1991), 843 S.W.2d 41 (Tex. App.—Fort Worth 1991).published
- Dandridge v. Police Dept. of City of Richmond, 566 F. Supp. 152 (E.D. Va. 1983).published
- Hartman v. Asset Acceptance Corp., 467 F. Supp. 2d 769 (S.D. Ohio 2004).published
- Robinett v. Carlisle, 928 S.W.2d 623 (Tex. App.—Fort Worth 1996).published
- Blevins v. Hudson & Keyse, Inc., 395 F. Supp. 2d 662 (S.D. Ohio 2004).published
- Oei v. N. Star Capital Acquisitions, LLC, 486 F. Supp. 2d 1089 (C.D. Cal. 2006).published
- Thompson v. Wagner, 631 F. Supp. 2d 664 (W.D. Pa. 2008).published
- Mullins v. Cal. Horse Racing Bd., No. D062226 (Cal. Ct. App. Mar. 18, 2014).unpublished
- In re: Tina Chi Houng (B.A.P. 9th Cir. 2011).unpublished
- Loya v. Gutierrez, 2015-NMSC-017, 350 P.3d 1155.published
- Rivas v. City of Passaic, 365 F.3d 181 (3d Cir. 2004).published
- Chatman v. Arrowhead Credit Union, No. E063264 (Cal. Ct. App. Mar. 9, 2016).unpublished
- Hogan v. Vill. of South Lebanon, 596 N.E.2d 1092 (Ohio Ct. App. 12th Dist. 1991).published
- Black Earth Meat Mkt., LLC v. Vill. of Black Earth, 834 F.3d 841 (7th Cir. 2016).published
- Gund v. Cnty. of Trinity, 472 P.3d 435 (Cal. 2020).published
- Boatwright v. Mayor of Flemington, 377 S.E.2d 1 (Ga. Ct. App. 1988).published
- Arce v. Childrens Hosp. Los Angeles, 211 Cal. App. 4th 1455 (Cal. Ct. App. 2012).published
- S. Crawford v. The Com. of PA - 562 M.D. 202 (Pa. Commw. Ct. 2022).published
- Besler v. Bd. of Educ., 993 A.2d 805 (N.J. 2010).published
- Blevins v. Hudson & Keyse, Inc., 395 F. Supp. 2d 655 (S.D. Ohio 2004).published
- Hoover v. Holston Valley Cmty. Hosp., 545 F. Supp. 8 (E.D. Tenn. 1981).published
- Lyons v. Papantoniou, 558 F. Supp. 4 (E.D. Tenn. 1982).published
- Coats v. Nance, 738 F. Supp. 1276 (E.D. Mo. 1990).published
- Wright v. S. Arizona Child.'s Advocacy Ctr., No. 4:21-cv-00257 (D. Ariz. Apr. 4, 2024).
- Rodriguez v. Cnty. of San Joaquin, No. 2:16-cv-00770 (E.D. Cal. July 13, 2023).
- Adams v. FBI San Francisco Field Off. Supervisor & Agents, No. 4:19-cv-02977 (N.D. Cal. Oct. 31, 2019).
- McLemore v. Marin Hous. Auth., No. 3:20-cv-05431 (N.D. Cal. Sept. 9, 2021).
- Fields v. Klegman, No. 1:21-cv-02058 (N.D. Ill. Mar. 31, 2022).
- Williams v. Vill. of Alsip, No. 1:22-cv-04892 (N.D. Ill. Mar. 14, 2024).
- Perry v. Town of Reading, No. 1:21-cv-11367 (D. Mass. June 21, 2022).
- Scott 225249 v. O'Brien, No. 2:19-cv-00147 (W.D. Mich. Nov. 8, 2019).
- Johnson 317128 v. Bury, No. 2:19-cv-00260 (W.D. Mich. Mar. 2, 2020).
- Lott 593524 v. Huss, No. 2:20-cv-00044 (W.D. Mich. May 12, 2020).
- Riggins 286725 v. Cook, No. 2:20-cv-00110 (W.D. Mich. Sept. 4, 2020).
- Dabney 572988 v. Washington, No. 2:20-cv-00238 (W.D. Mich. Jan. 22, 2021).
- Moore 208380 v. Washington, No. 1:20-cv-01184, 2021 WL 508304 (W.D. Mich. Feb. 11, 2021).
- Young 583032 v. Michigan Dep't of Corr., No. 2:21-cv-00096 (W.D. Mich. Aug. 20, 2021).
- Churn 165703 v. Washington, No. 1:21-cv-00631 (W.D. Mich. July 12, 2022).
- Foster 482542 v. Minerick, No. 2:22-cv-00055 (W.D. Mich. July 26, 2022).
- McGlothan 845357 v. Aikens, No. 2:23-cv-00126, 2023 WL 5088898 (W.D. Mich. Aug. 9, 2023).
- Harvey v. Great Circle, No. 4:19-cv-00902 (E.D. Mo. Oct. 29, 2019).
- Bordeaux v. Bicknase, No. 4:18-cv-03122 (D. Neb. Aug. 8, 2022).
- Morgan v. City of Utica, New York, No. 6:20-cv-01424 (N.D.N.Y. May 21, 2021).
- Durr v. Slator, 558 F. Supp. 3d 1 (N.D.N.Y. 2021).published
- Nat'l Jewish Democratic Council v. Adelson, No. 1:18-cv-08787 (S.D.N.Y. Sept. 30, 2019).
- Bronx Freedom Fund v. City of New York, No. 1:21-cv-10614 (S.D.N.Y. Mar. 31, 2023).
- Canales-Robles v. Peters, No. 6:16-cv-01395 (D. Or. June 15, 2020).
- Clark v. Wells Fargo Bank, No. 6:20-cv-00253 (D. Or. Mar. 31, 2021).
- Jerry Stewart v. City of Rossville, Tennessee, No. 2:21-cv-02358 (W.D. Tenn. Aug. 18, 2022).
- Bradford 518162 v. Linscott, No. 1:23-cv-00048 (W.D. Mich. July 31, 2024).
- Calhoun 379175 v. Washington, No. 1:23-cv-00459 (W.D. Mich. Aug. 23, 2024).
- Harris v. City of Kent, No. 2:20-cv-01045 (W.D. Wash. July 9, 2021).
- (PS) Halajian v. JP Morgan Chase Bank, NA, No. 2:23-cv-01522 (E.D. Cal. Apr. 29, 2025).
- McMillan 706273 v. Wickwire, No. 1:25-cv-00438 (W.D. Mich. May 2, 2025).
- Southpark Dev., LLC v. Rieder, No. 2:25-cv-02029 (W.D. Ark. June 30, 2025).
- Isaacs v. Trs. of Dartmouth Coll., et al., 2018 DNH 096 (D.N.H. 2018).published
- Henry, No. 3:25-cv-00380 (D. Conn. Aug. 14, 2026).
At page 283 State immunity and federal court jurisdiction over section 1983 claims36 citing casesWe have never considered ... the question whether a State must entertain a claim under § 1983
- Nat'l Private Truck Council, Inc. v. Oklahoma Tax Comm'n, 515 U.S. 582 (1995).published (We have never considered . . . the question whether a State must entertain a claim under § 1983)
- Maine v. Thiboutot, 448 U.S. 1 (1980).published
- Allen v. McCurry, 449 U.S. 90 (1980).published
- Arkansas Writers' Proj., Inc. v. Ragland, 481 U.S. 221 (1987).published
- Will v. Michigan Dep't of State Police, 491 U.S. 58 (1989).published
- Howlett Ex Rel. Howlett v. Rose, 496 U.S. 356 (1990).published
- Haywood v. Drown, 556 U.S. 729 (2009).published
- Milton A. Miller & Mandel M. Miller v. The City of Los Angeles, a Mun. Corp., 755 F.2d 1390 (9th Cir. 1985).published
- Elbert Strickland v. City of Albuquerque, & Arthur Blumenfeld, ph.d., Chief Admin. Officer, 130 F.3d 1408 (10th Cir. 1997).published
- Mascarenas Enter., Inc. v. City of Albuquerque, 494 F. App'x 846 (10th Cir. 2012).unpublished
Show 23 more citing cases
- Asgari v. City of Los Angeles, 937 P.2d 273 (Cal. 1997).published
- Will v. Dep't of Civil Serv., 377 N.W.2d 826 (Mich. Ct. App. 1985).published
- Snuggs v. Stanly Cnty. Dep't of Pub. Health, 303 S.E.2d 646 (N.C. Ct. App. 1983).published
- Cox v. State, 5 So. 3d 659 (Fla. 2009).published
- Glover v. City of Portland, Tenn., 675 F. Supp. 398 (M.D. Tenn. 1987).published
- Shaw v. Leatherberry, 2005 WI 163, 706 N.W.2d 299.published
- Holmes v. Chicago Transit Auth., 505 F. Supp. 877 (N.D. Ill. 1981).published
- Greene v. Zank, 158 Cal. App. 3d 497 (Cal. Ct. App. 1984).published
- Heffington v. Cnty. of Stanislaus, 143 Cal. App. 3d 838 (Cal. Ct. App. 1983).published
- Kreutzer v. Cnty. of San Diego, 153 Cal. App. 3d 62 (Cal. Ct. App. 1984).published
- Brown v. State of New York, 674 N.E.2d 1129 (N.Y. 1996).published
- California Satellite Sys., Inc. v. Nichols, 170 Cal. App. 3d 56 (Cal. Ct. App. 1985).published
- Samuel v. Stevedoring Servs. of Am., 24 Cal. App. 4th 414 (Cal. Ct. App. 1994).published
- Pappas v. Giuliani, 118 F. Supp. 2d 433 (S.D.N.Y. 2000).published
- Clark v. Eskridge, 602 N.E.2d 1228 (Ohio Ct. App. 11th Dist. 1991).published
- Buckeye Inst. v. Kilgore, 2021-Ohio-4196, 181 N.E.3d 1272.published
- Shoemaker v. Harris, 214 Cal. App. 4th 1210 (Cal. Ct. App. 2013).published
- Broadway & 67th St. Corp. v. City of New York, 100 A.D.2d 478 (N.Y. App. Div. 1st Dep't 1984).published
- Cepeda v. Coughlin, 128 A.D.2d 995 (N.Y. App. Div. 3d Dep't 1987).published
- Page v. Franklin Cnty. Sch. Bd., 481 So. 2d 43 (Fla. 1st DCA 1985).published
- Acevedo Díaz v. Collazo, 112 P.R. Dec. 256 (1982).published
- Newcomb v. Mississippi Dep't of Corr., No. 4:20-cv-00105 (N.D. Miss. May 16, 2022).
- Lannan v. Bd. of Governors of the Univ. of N.C., 913 S.E.2d 163 (N.C. 2025).published
At page 282 State interest in fashioning state law paramount23 citing cases“even if one characterizes the immunity defense as a statutory deprivation, it would remain true that the state's interest in fashioning its own rules of tort law is paramount to any discernible federal interest, except perhaps an interest in protecting the individual citizen from state action that…”
- Dieckhaus v. Bd. of Governors of The Univ. of N.C., No. 21-797 (N.C. Ct. App. Jan. 17, 2023).published ([E]ven if one characterizes the immunity defense as a statutory deprivation, it would remain true that the State’s interest in fashioning its own rules of tort law is paramount to any discernible federal interest, exce…)
- Lombardi v. Raimondo, No. 1:19-cv-00364 (D.R.I. Mar. 29, 2021).([R]easonable access to the courts must include access in general civil legal matters[.])
- McMillan v. City of New York, 253 F.R.D. 247 (E.D.N.Y. 2008).published ([a]rguably” a tort cause of action created by a State constitutes “a species of ‘property’ protected by the Due Process Clause” and there is a federal “interest in protecting the individual citizen from state action th…)
- Erwine v. Westbrook, No. 25-3136 (9th Cir. Sept. 11, 2026).published (upholding a state immunity statute as “applied to defeat a tort claim arising under state law” because a “State’s interest in fashioning its own rules of tort law is paramount to any discernible federal interest, except…)
- Enright v. Bd. of Sch. Directors of Milwaukee, 346 N.W.2d 771 (Wis. 1984).published
- Logan v. Zimmerman Brush Co., 455 U.S. 422 (1982).published
- KETCGUM v. State of California, 62 Cal. App. 4th 957 (Cal. Ct. App. 1998).published
- Alicea v. Córdova Iturregui, 117 P.R. Dec. 676 (1986).published
- Hancock v. W. South Dakota Juv. Servs. Ctr., 2002 S.D. 69, 647 N.W.2d 722.published
- Harrisburg Hosp. v. Thornburgh, 616 F. Supp. 699 (M.D. Pa. 1985).published
Show 13 more citing cases
- Maressa v. New Jersey Monthly, 445 A.2d 376 (N.J. 1982).published
- Jenkins v. Cnty. of Las Angeles, 74 Cal. App. 4th 524 (Cal. Ct. App. 1999).published
- Hak Fu Hung v. Wang, 8 Cal. App. 4th 908 (Cal. Ct. App. 1992).published
- Allstate v. Kim, 829 A.2d 611 (Md. 2003).published
- Hamm v. Latessa, MCI, No. 94-1999 (1st Cir. Dec. 28, 1995).published
- Deas v. Levitt, 539 N.E.2d 1086 (N.Y. 1989).published
- Allstate Ins. v. Kyong Ho Kim, 829 A.2d 611 (Md. 2003).published
- Defendini Collazo v. Estado Libre Asociado de Puerto Rico, 134 P.R. Dec. 28 (1993).published
- Davidson v. O'Lone, 752 F.2d 817 (3d Cir. 1984).published
- Wethington v. Wellington Indus., Inc., 781 F. Supp. 1379 (S.D. Ind. 1991).published
- Buskirk v. Seiple, 560 F. Supp. 247 (E.D. Pa. 1983).published
- Terrace Knolls, Inc. v. Dalton, Dalton, Little & Newport, Inc., 571 F. Supp. 1086 (N.D. Ohio 1983).published
- Holman v. Hilton, 542 F. Supp. 913 (D.N.J. 1982).published
At page 281 Analyzing statutory immunity and due process rights18 citing casesBut even if one characterizes the immunity defense as a statutory deprivation, it would remain true that the State’s interest in fashioning its own rules of tort law is paramount to any discernible federal interest . . . .
- Jefferie Scott Gray, Janice Gray, an J.G., as Successors in Interest to James Lee Hohenshell v. Michael B. Oliver, Oliver Law Firm, P.C. & Oliver Gravett Law Firm, P.C., 943 N.W.2d 617 (Iowa 2020).published (But even if one characterizes the immunity defense as a statutory deprivation, it would remain true that the State’s interest in fashioning its own rules of tort law is paramount to any discernible federal interest . .…)
- Speakman v. Williams, No. 1:18-cv-01252 (D. Del. Jan. 9, 2020).
- Douglas D. Webb v. Lawrence Cnty., South Dakota Charles Crotty, in His Individual Capacity & Off. Capacity as Lawrence Cnty. Sheriff, 144 F.3d 1131 (8th Cir. 1998).published
- Logan v. Zimmerman Brush Co., 455 U.S. 422 (1982).published
- Albright v. Oliver, 510 U.S. 266 (1994).published
- Donald R. Parrett v. City of Connersville, Indiana, 737 F.2d 690 (7th Cir. 1984).published
- Praprotnik v. City Of St. Louis, 798 F.2d 1168 (8th Cir. 1986).published
- Apple v. Tracy, 613 N.E.2d 928 (Mass. App. Ct. 1993).published
- KETCGUM v. State of California, 62 Cal. App. 4th 957 (Cal. Ct. App. 1998).published
- Indiana Land Co., LLC v. City of Greenwood, 378 F.3d 705 (7th Cir. 2004).published
Show 8 more citing cases
- Alicea v. Córdova Iturregui, 117 P.R. Dec. 676 (1986).published
- Praprotnik v. City of St. Louis, 798 F.2d 1168 (8th Cir. 1986).published
- Speakman v. Williams, No. 1:18-cv-01252 (D. Del. Sept. 30, 2019).
- Sterling v. The City of Jackson, Mississippi, No. 3:22-cv-00531 (S.D. Miss. June 11, 2024).
- Seidemann v. Prof'l Staff Cong. Local 2334, 432 F. Supp. 3d 367 (S.D.N.Y. 2020).published
- Sassamansville Fire Co. No. 1 v. Livelsberger, No. 2:21-cv-04648 (E.D. Pa. Mar. 25, 2022).
- Pappas v. James Madison Univ., No. 5:22-cv-00028, 2023 WL 2768425 (W.D. Va. Mar. 31, 2023).
- Crawford, S., Aplts. v. Commonwealth, 326 A.3d 850 (Pa. 2024).published
At page 279 Determining immunity for parole release decisions11 citing casesfinding that teenage girl killed after parole board recommended the release of a sex offender did not “face[] any special danger . . . as distinguished from the public at large
- Hall v. City of Portland, No. 3:22-cv-00074 (D. Or. Aug. 22, 2022). See Martinez v. State of California, 444 U.S. at 285 (“[T]he parole board was not aware that appellants' decedent, as distinguished from the public at large, faced any special danger.”).
- Canario, No. 7:24-cv-04470 (S.D.N.Y. Sept. 2, 2025).Powers, 728 F.2d at 105-06 (quoting Martinez v. California, 444 U.S. 277, 279 (1980)).
- Arthur B. Powers v. Glenn E. Coe & Austin J. McGuigan, 728 F.2d 97 (2d Cir. 1984).published
- Kathy Jo Taylor, a Minor, by & Through David S. Walker, Jr., Attorney at Law as Guardian Ad Litem v. James G. Ledbetter, ph.d., 818 F.2d 791 (11th Cir. 1987).published
- State v. Williams, 2001 WI App 263, 637 N.W.2d 791.published
- Doe v. United Soc. & Mental Health Servs., Inc., 670 F. Supp. 1121 (D. Conn. 1987).published
- Nelson v. Missouri Osteopathic Found., 626 F. Supp. 602 (W.D. Mo. 1985).published
- Speakman v. Williams, No. 1:18-cv-01252 (D. Del. Jan. 9, 2020).
- Hopkins v. South Mountain Secure Treatment Unit, No. 2:18-cv-05354 (E.D. Pa. Sept. 24, 2019).
- Boddie v. Hennys Sports Bar, No. 2:24-cv-01393 (E.D. Pa. Aug. 1, 2024).
Show 1 more citing case
- Boddie v. Hennys Sports Bar, No. 2:24-cv-01393 (E.D. Pa. Jan. 8, 2025).
[N]ot every injury in which a state official has played some part is actionable.
- Hackenmueller v. Fadden, 196 F. Supp. 3d 992 (D. Minn. 2016).published ([N]ot every injury in which a state official has played some part is actionable.)
- Hayden v. Nevada Cnty., AR, 664 F.3d 770 (8th Cir. 2012).published (not every injury in which a state official has played some part is actionable)
- Prince v. Cnty. of Nassau, 837 F. Supp. 2d 71 (E.D.N.Y. 2011).published ([N]ot every injury in which a state official has played some part is actionable under [Section 1983.])
- Uhlrig v. Harder, 64 F.3d 567 (10th Cir. 1995).published (Although § 1983 has been described as a species of tort liability, it is perfectly clear that not every injury in which a state official has played some part is actionable under that statute.)
- Manchester v. Rzewnicki, 777 F. Supp. 319 (D. Del. 1991).published (not every injury in which a state official has played some part is actionable under § 1983)
- Crumpacker v. Moody, 516 F. Supp. 282 (N.D. Ind. 1981).published (Although § 1983 claim has been described as ‘a species of tort liability’ ... it is perfectly clear that not every injury in which a state official has played some part is actionable under that statute.)
At page 280 Statutory immunity from state tort claims6 citing casessimilar liability language was held to provide a complete defense to state tort claims
- Thompson v. Cnty. of Alameda, 614 P.2d 728 (Cal. 1980).published
- Ryan v. Hayes, 831 So. 2d 21 (Ala. 2002).published
- Enright v. Bd. of Sch. Directors of Milwaukee, 346 N.W.2d 771 (Wis. 1984).published
- Gates v. Superior Court, 32 Cal. App. 4th 481 (Cal. Ct. App. 1995).published
- Douglas D. Webb v. Lawrence Cnty., South Dakota Charles Crotty, in His Individual Capacity & Off. Capacity as Lawrence Cnty. Sheriff, 144 F.3d 1131 (8th Cir. 1998).published
Conduct by persons acting under color of state law which is wrongful under 42 U.S.C. § 1983 . . . cannot be immunized by state law.
- Parker v. Marston, No. 1:17-cv-00229 (W.D.N.C. Aug. 12, 2019).(Conduct by persons acting under color of state law which is wrongful under 42 U.S.C. § 1983 . . . cannot be immunized by state law.)
- Cook v. Popplewell, 394 S.W.3d 323 (Ky. 2011).published (Conduct by persons acting under color of state law which is wrongful under 42 U.S.C. § 1983 ... cannot be immunized by state law.)
- Camilo-Robles v. Hoyos, 151 F.3d 1 (1st Cir. 1998).published (Conduct by persons acting under color of state law which is wrongful under 42 U.S.C. § 1983 ... cannot be immunized by state law.)
- Grancid Camilo-Robles v. Dr. Guillermo Hoyos & Dr. Hector O. Rivera-Gonzalez, Grancid Camilo-Robles v. Pedro A. Toledo-Davila, Grancid Camilo-Robles v. Gilberto Diaz-Pagan, Grancid Camilo-Robles v. Pablo Santiago-Gonzalez, 151 F.3d 1 (1st Cir. 1998).published (Conduct by persons acting under color of state law which is wrongful under 42 U.S.C. § 1983 ... cannot be immunized by state law.)
Immunity under § 1983 is governed by federal law; state law cannot provide immunity from suit for federal civil rights violations.
- LaTulippe v. Oregon Med. Bd., No. 3:24-cv-00456 (D. Or. June 16, 2025).(Immunity under § 1983 is governed by federal law; state law cannot provide immunity from suit for federal civil rights violations.)
- K. v. Sonoma Cnty., No. 3:22-cv-01202 (N.D. Cal. Sept. 27, 2024).(Immunity under § 1983 is governed by federal law; state law cannot provide immunity 10 from suit for federal civil rights violations.)
[T]he [statutory] im *923 munity defense, like an element of the tort claim itself, is merely one aspect of the State’s definition of that property interest.
- Mills v. Wong, 155 S.W.3d 916 (Tenn. 2005).published ([T]he [statutory] im *923 munity defense, like an element of the tort claim itself, is merely one aspect of the State’s definition of that property interest.)
- Frank Fetzer Mills, Jr. v. Luis L. Wong, M.D., No. W2002-02353-SC-R11-CV (Tenn. Feb. 16, 2005).published([T]he [statutory] immunity defense, like an element of the tort claim itself, is merely one aspect of the State’s definition of that property interest.)
We also conclude that it is not necessary for us to decide any question concerning the immunity of state parole officials as a matter of federal law____
- LaFrance v. Rampone, 678 F. Supp. 72 (D. Vt. 1988).published (We also conclude that it is not necessary for us to decide any question concerning the immunity of state parole officials as a matter of federal law____)
- John Houston Sellars v. Raymond K. Procunier, 641 F.2d 1295 (9th Cir. 1981).published (it is not necessary for us to decide any question concerning the immunity of state parole officials as a matter of federal law . . .)
[T]he issue [in Baker ] was, assuming the plaintiff had been deprived of constitutionally protected liberty, what process was due.
- Gary Rheuport & Harry Saddoris v. Robert Ferguson, Ronald Woods Don Sandelin Easter Lake Estates, Inc. Marlys Watson. Gary Rheuport & Harry Saddoris v. Ronald Woods, Don Sandelin, & Easter Lake Estates, Inc., Marlys Watson & Robert Ferguson. Gary Rheuport & Harry Saddoris v. Ronald Woods, Don Sandelin Easter Lake Estates, Inc., & Robert Ferguson, Marlys Watson, 819 F.2d 1459 (8th Cir. 1987).published ([T]he issue [in Baker ] was, assuming the plaintiff had been deprived of constitutionally protected liberty, what process was due.)
- Rheuport v. Ferguson, 819 F.2d 1459 (8th Cir. 1987).published ([T]he issue [in Baker] was, assuming the plaintiff had been deprived of constitutionally protected liberty, what process was due.)
“immunity under 1983 is governed by federal law; state law cannot provide immunity from suit for federal civil rights violations.”
- LaTulippe v. Oregon Med. Bd., No. 3:24-cv-00456 (D. Or. June 16, 2025).“immunity under 1983 is governed by federal law; state law cannot provide immunity from suit for federal civil rights violations.”
- K. v. Sonoma Cnty., No. 3:22-cv-01202 (N.D. Cal. Sept. 27, 2024).“immunity under 1983 is governed by federal law; state law cannot provide immunity 10 from suit for federal civil rights violations.”
Other citing cases
- Walters v. Moore, 121 S.W.3d 210 (Ky. Ct. App. 2003).published
- Fehrle v. City of Savannah, Chatham Cnty., No. 4:22-cv-00232 (S.D. Ga. July 21, 2023).
v.
CALIFORNIA Et Al.
delivered the opinion of the Court.
The two federal questions that appellants ask us to decide are (1) whether the Fourteenth Amendment invalidates a California statute granting absolute immunity to public employees who make parole-release determinations, and (2) whether such officials are absolutely immune from liability in an action brought under the federal Civil Rights Act of 1871, 42 U. S. C. § 1983. [1] We agree with the California Court of Appeal that the state statute is valid when applied to claims arising under state law, and we conclude that appellants have not alleged a claim for relief under federal law.
The case arises out of the murder of a 15-year-old girl by a parolee. Her survivors brought this action in a California court claiming that the state officials responsible for the parole-release decision are liable in damages for the harm caused by the parolee.
The complaint alleged that the parolee, one Thomas, was convicted of attempted rape in December 1969. He was first committed to a state mental hospital as a “Mentally Disordered Sex Offender not amenable to treatment” and thereafter sentenced to a term of imprisonment of 1 to 20 years, with a recommendation that he not be paroled. Nevertheless, five years later, appellees decided to parole Thomas to the care of his mother. They were fully informed about his history, his propensities, and the likelihood that he would commit another violent crime. Moreover, in making their release determination they failed to observe certain “requisite formalities.” Five months after his release Thomas tortured[*280] and killed appellants’ decedent. We assume, as the complaint alleges, that appellees knew, or should have known, that the release of Thomas created a clear and present danger that such an incident would occur. Their action is characterized not only as negligent, but also as reckless, willful, wanton and malicious. [2] Appellants prayed for actual and punitive damages of $2 million.
The trial judge sustained a demurrer to the complaint and his order was upheld on appeal. 85 Cal. App. 3d 430, 149 Cal. Rptr. 519 (1978). After the California Supreme Court denied appellants’ petition for a hearing, we noted probable jurisdiction. 441 U. S. 960.
I
Section 845.8 (a) of the Cal. Gov’t Code Ann. (West Supp. 1979) provides:
“Neither a public entity nor a public employee is liable for:
(a) Any injury resulting from determining whether to parole or release a prisoner or from determining the terms and conditions of his parole or release or from determining whether to revoke his parole or release.”
The California courts held that this statute provided appel-lees with a complete defense to appellants’ state-law claims. [3] They considered and rejected the contention that the immu[*281] nity statute as so construed violates the Due Process Clause of the Fourteenth Amendment to the Federal Constitution. [4]
Like the California courts, we cannot accept the contention that this statute deprived Thomas’ victim of her life without due process of law because it condoned a parole decision that led indirectly to her death. The statute neither authorized nor immunized the deliberate killing of any human being. It is not the equivalent of a death penalty statute which expressly authorizes state agents to take a person’s life after prescribed procedures have been observed. This statute merely provides a defense to potential state tort-law liability. At most, the availability of such a defense may have encouraged members of the parole board to take somewhat greater risks of recidivism in exercising their authority to release prisoners than they otherwise might. But the basic risk that repeat offenses may occur is always present in any parole system. A legislative decision that has an incremental impact on the probability that death will result in any given situation — such as setting the speed limit at 55-miles-per-hour instead of 45 — cannot be characterized as state action depriving a person of life just because it may set in motion a chain of events that ultimately leads to the random death of an innocent bystander.
Nor can the statute be characterized as an invalid deprivation of property. Arguably, the cause of action for wrongful death that the State has created is a species of “property”[*282] protected by the Due Process Clause. On that hypothesis, the immunity statute could be viewed as depriving the plaintiffs of that property interest insofar as they seek to assert a claim against parole officials. [5] But even if one characterizes the immunity defense as a statutory deprivation, it would remain true that the State’s interest in fashioning its own rules of tort law is paramount to any discernible federal interest, except perhaps an interest in protecting the individual citizen from state action that is wholly arbitrary or irrational.
We have no difficulty in accepting California’s conclusion that there “is a rational relationship between the state’s purposes and the statute.” [6] In fashioning state policy in a “prac[*283] tical and troublesome area” like this, see McGinnis v. Royster, 410 U. S. 263, 270, the California Legislature could reasonably conclude that judicial review of a parole officer’s decisions “would inevitably inhibit the exercise of discretion,” United States ex rel. Miller v. Twomey, 479 F. 2d 701, 721 (CA7 1973), cert. denied, 414 U. S. 1146. That inhibiting effect could impair the State’s ability to implement a parole program designed to promote rehabilitation of inmates as well as security within prison walls by holding out a promise of potential rewards. Whether one agrees or disagrees with California’s decision to provide absolute immunity for parole officials in a case of this kind, one cannot deny that it rationally furthers a policy that reasonable lawmakers may favor. As federal judges, we have no authority to pass judgment on the wisdom of the underlying policy determination. We therefore find no merit in the contention that the State’s immunity statute is unconstitutional when applied to defeat a tort claim arising under state law.
II
We turn then to appellants’ § 1983 claim that appellees, by their action in releasing Thomas, subjected appellants’ decedent to a deprivation of her life without due process of law. [7][*284] It is clear that the California immunity statute does not control this claim even though the federal cause of action is being asserted in the state courts. [8] We also conclude that it is not necessary for us to decide any question concerning the immunity of state parole officials as a matter of federal law because, as we recently held in Baker v. McCollan, 443 U. S. 137, “[t]he first inquiry in any § 1983 suit ... is whether the plaintiff has been deprived of a right 'secured by the Constitution and laws’ ” of the United States. [9] The answer to that inquiry disposes of this case.
Appellants contend that the decedent’s right to life is protected by the Fourteenth Amendment to the Constitution. But the Fourteenth Amendment protected her only from deprivation by the “State ... of life . . . without due process of law.” Although the decision to release Thomas from prison[*285] was action by the State, the action of Thomas five months later cannot be fairly characterized as state action. Regardless of whether, as a matter of state tort law, the parole board could be said either to have had a “duty” to avoid harm to his victim or to have proximately caused her death, see Grimm v. Arizona Bd. of Pardons and Paroles, 115 Ariz. 260, 564 P. 2d 1227 (1977); Palsgraf v. Long Island R. Co., 248 N. Y. 339, 162 N. E. 99 (1928), we hold that, taking these particular allegations as true, appellees did not “deprive” appellants’ decedent of life within the meaning of the Fourteenth Amendment.
Her life was taken by the parolee five months after his release. [10] He was in no sense an agent of the parole board. Cf. Scheuer v. Rhodes, 416 U. S. 232. Further, the parole board was not aware that appellants’ decedent, as distinguished from the public at large, faced any special danger. We need not and do not decide that a parole officer could never be deemed to “deprive” someone of life by action taken in connection with the release of a prisoner on parole. [11] But we do hold that at least under the particular circumstances of this parole decision, appellants’ decedent’s death is too remote a consequence of the parole officers’ action to hold them responsible under the federal civil rights law. Although a § 1983 claim has been described as “a species of tort liability,” Imbler v. Pachtman, 424 U. S. 409, 417, it is perfectly clear that not every injury in which a state official has played some part is actionable under that statute.
The judgment is affirmed.
So ordered.
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.”
Although the complaint refers to the failure to supervise Thomas after his release, a failure to warn females in the area of potential danger, and a failure to revoke the original parole decision, the litigation has focused entirely on the original decision. The individual appellees are not alleged to have responsibility for postrelease supervision of Thomas.
The dismissal of appellants’ cause of action charging negligent failure to warn females in the area of danger was predicated on appellants’ concession that there was no “continuing relationship between the state and the victim,” 85 Cal. App. 3d 430, 435, 149 Cal. Rptr. 519, 523 (1978), a requirement of state law.
“. . . No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” U. S. Const., Arndt. 14, § 1.
Although the question presented in the jurisdictional statement posits an Equal Protection Clause challenge to the statute, that point was not actually briefed in this Court. It was also neither raised in nor treated by the courts below. We therefore make no further reference to that challenge.
It is arguable, however, that the immunity defense, like an element of the tort claim itself, is merely one aspect of the State’s definition of that property interest. Recently, in considering a lawyer’s claim of immunity in a state malpractice action, we noted that
“when state law creates a cause of action, the State is free to define the defenses to that claim, including the defense of immunity, unless, of course, the state rule is in conflict with federal law.” Ferri v. Ackerman, ante, at 198.
“Martinez says the statute, Government Code section 845.8, subdivision (a), is unconstitutional because it permits the deprivation of life, a fundamental right, without due process. He suggests the statute, if it confers absolute immunity, encouraged the actions resulting in Mary Ellen’s death and, thus, requires a compelling state interest. However, the Legislature has broad powers to control governmental tort liability limited only by the rule it not act arbitrarily (Reed v. City & County of San Francisco, 237 Cal. App. 2d 23, 24 . . .). The California Tort Claims Act as a whole (Gov. Code § 810 et seq.) has been found constitutional (Datil v. City of Los Angeles, 263 Cal. App. 2d 655, 660-661 . . .). The stated purpose of section 845.8, subdivision (a), is to allow correctional personnel to make determinations of release or parole unfettered by any fear of tort liability (Law Revision Com. com.). To impose tort liability would have a chilling effect on the decision-making process, impede implementation of trial release programs and prolong incarceration unjustifiably for many prisoners. There is a rational relationship between the state’s purposes and the statute.” 85 Cal. App. 3d, at 437, 149 Cal. Rptr., at 524.
The opinion of the California Court of Appeal does not expressly mention the Federal Constitution. But it is clear from appellants’ response to[*283] the demurrer that they were relying on “a federally protected right to life under the Constitution of the United States.” Record 59.
We note that the California courts accepted jurisdiction of this federal claim. That exercise of jurisdiction appears to be consistent with the general rule that where
“ 'an act of Congress gives a penalty to a party aggrieved, without specifying a remedy for its enforcement, there is no reason why it should not be enforced, if not provided otherwise by some act of Congress, by a proper action in a State court.’ ” Testa v. Katt, 330 U. S. 386, 391, quoting Claflin v. Houseman, 93 U. S. 130, 137.
See also Aldinger v. Howard, 427 U. S. 1, 36, n. 17 (Brennan, J., dissenting) ; Grubb v. Public Utilities Comm’n, 281 U. S. 470, 476. We have never considered, however, the question whether a State must entertain a claim under § 1983. We note that where the same type of claim, if arising under state law, would be enforced in the state courts, the state courts[*284] are generally not free to refuse enforcement of the federal claim. Testa v. Katt, supra, at 394. But see Chamberlain v. Brown, 223 Tenn. 25, 442 S. W. 2d 248 (1969).
“Conduct by persons acting under color of state law which is wrongful under 42 U. S. C. § 1983 or § 1985 (3) cannot be immunized by state law. A construction of the federal statute which permitted a state immunity defense to have controlling effect would transmute a basic guarantee into an illusory promise; and the supremacy clause of the Constitution insures that the proper construction may be enforced. See McLaughlin v. Tilendis, 398 F. 2d 287, 290 (7th Cir. 1968). The immunity claim raises a question of federal law.” Hampton v. Chicago, 484 F. 2d 602, 607 (CA7 1973), cert. denied, 415 U. S. 917.
Baker v. McCollan, 443 U. S., at 140. Although there was a dissent in that case, the issue that divided the Court was, assuming the plaintiff had been deprived of constitutionally protected liberty, what process was due. There was no disagreement with the majority’s methodology of isolating the particular constitutional infringement complained of. Since we decide here that the State did not “deprive” appellants’ decedent of a constitutionally protected right, we need not reach the question whether a lack of “due process” was adequately alleged by the reference to a failure to observe “requisite formalities.” It must be remembered that even if a state decision does deprive an individual of life or property, and even if that decision is erroneous, it does not necessarily follow that the decision violated that individual’s right to due process.
Compare the facts in Screws v. United States, 325 U. S. 91, where local law enforcement officials themselves beat a citizen to death.
We reserve the question of what immunity, if any, a state parole officer has in a § 1983 action where a constitutional violation is made out by the allegations.