Clark v. Clark, 984 F.2d 272 (8th Cir. 1993). · Go Syfert
Clark v. Clark, 984 F.2d 272 (8th Cir. 1993). Cases Citing This Book View Copy Cite
44 citation events (34 in the last 25 years) across 18 distinct courts.
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Jonathan K. Lewis v. Chief Judge of the 17th Judicial Circuit in Broward County
S.D. Fla. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
courts are not persons within the meaning of 42 u.s.c. 1983 . . . .
discussed Cited as authority (verbatim quote) Lesa Maria Martino v. Christine Marlewski
M.D. Fla. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
courts are not persons within the meaning of 42 u.s.c. 1983 .
discussed Cited as authority (verbatim quote) Duman v. Wigand
S.D. Fla. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
courts are not persons within the meaning of 42 u.s.c. 1983 . . . .
discussed Cited as authority (verbatim quote) Samaha v. The City of Minneapolis
D. Minnesota · 2022 · quote attribution · 1 verbatim quote · confidence high
the doctrines of claim and issue preclusion prevent relitigation of wrong decisions just as much as right ones. otherwise, the doctrines would have no effect and be useless.
discussed Cited as authority (verbatim quote) Samaha v. The City of Minneapolis
D. Minnesota · 2022 · quote attribution · 1 verbatim quote · confidence high
the doctrines of claim and issue preclusion prevent relitigation of wrong decisions just as much as right ones. otherwise, the doctrines would have no effect and be useless.
discussed Cited as authority (verbatim quote) Harmon v. Preferred Family Healthcare, Incorporated
E.D. Mo. · 2022 · quote attribution · 1 verbatim quote · confidence high
courts are not persons within the meaning of 42 u.s.c. 1983 , and, if they were, the action would be barred by the eleventh amendment anyway.
discussed Cited as authority (rule) Natalia E. Evans and Rebecca L. Evans v. Erika V. Cuenca, Gregory K. Costantino, The Community Resource Center of Rehobath Beach
D. Del. · 2026 · confidence medium
Although actions under 42 U.S.C. § 1983 are exempt from the Anti-Injunction Act, see Mitchum v. Foster, 407 U.S. 225 , 243 (1972), state courts do not qualify as a “person” under § 1983, see Clark v. Clark, 984 F.2d 272, 273 (8th Cir. 1993).
discussed Cited as authority (rule) Jennifer Harmon v. Second Judicial Circuit of the State of Missouri (2×)
8th Cir. · 2025 · confidence medium
Doc. 74, at 8 (citing Clark v. Clark, 984 F.2d 272, 273 (8th Cir. 1993)).
discussed Cited as authority (rule) Hess 353733 v. Arizona, State of
D. Ariz. · 2024 · confidence medium
A “state court is not a ‘person’ for purposes 20 of 42 U.S.C. § 1983 and hence is not subject to lawsuit under that statute.” Mumford v. 21 Basinski, 105 F.3d 264, 267 (6th Cir. 1997); see also Mumford v. Zieba, 4 F.3d 429 , 435 22 (6th Cir. 1997) (citing Foster v. Walsh, 864 F.2d 416, 418 (6th Cir. 1988)); Clark v. Clark, 23 984 F.2d 272, 273 (8th Cir. 1993); Rothstein v. Montana Supreme Court, 638 F. Supp. 24 1311, 1312 (D.
cited Cited as authority (rule) Laborers' Int'l Union of N.A. v. Terease Neff
6th Cir. · 2022 · confidence medium
Cts. of Marion Cnty., 97 F.3d 902 , 907–08 (7th Cir. 1996); Clark v. Clark, 984 F.2d 272, 273 (8th Cir. 1993); Simmons v. Sacramento Cnty.
cited Cited as authority (rule) Johnson v. UNMC
D. Neb. · 2022 · confidence medium
Oct. 5, 2016). of 42 U.S.C. § 1983 , and, if they were, the action would be barred by the Eleventh Amendment, anyway.” Clark v. Clark, 984 F.2d 272, 273 (8th Cir. 1993).
discussed Cited as authority (rule) Lightfeather v. County Psych. Dr. Hartman
D. Neb. · 2021 · confidence medium
Lancaster County Court “Courts are not persons within the meaning of 42 U.S.C. § 1983 , and, if they were, the action would be barred by the Eleventh Amendment, anyway.” Clark v. Clark, 984 F.2d 272, 273 (8th Cir. 1993). e. Judge Dalton A county court judge is a “state actor,” but is immune from suit for damages under § 1983 in all but two narrow sets of circumstances.
discussed Cited as authority (rule) Brown v. Warden
W.D. Va. · 2021 · confidence medium
Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 (1989); Clark v. Clark, 984 F.2d 272, 273 (8th Cir. 1993) (holding that “[c]ourts are not persons” under § 1983 and state courts have Eleventh Amendment immunity in any event), cert. denied, 510 U.S. 828 ; Oliva v. Boyer, 163 F.3d 599 , 599 (4th Cir. 1998) (unpublished table opinion) (explaining that “the Defendant court system is not a person” for purposes of § 1983).
discussed Cited as authority (rule) Bell v. Maricopa, County of
D. Ariz. · 2020 · confidence medium
However, a “state court is not 7 a ‘person’ for purposes of 42 U.S.C. § 1983 and hence is not subject to lawsuit under that 8 statute.” Mumford v. Basinski, 105 F.3d 264, 267 (6th Cir. 1997); see also Mumford v. 9 Zieba, 4 F.3d 429, 435 (6th Cir. 1997) (citing Foster v. Walsh, 864 F.2d 416, 418 (6th Cir. 10 1988)); Clark v. Clark, 984 F.2d 272, 273 (8th Cir. 1993); Rothstein v. Montana Supreme 11 Court, 638 F. Supp. 1311, 1312 (D.
discussed Cited as authority (rule) B&B Hardware, Inc. v. Hargis Industries, Inc.
SCOTUS · 2015 · confidence medium
As Judge Colloton observed in dissent, “ ‘issue preclusion prevent[s] relitigation of wrong decisions just as much as right ones.’ ” 716 F. 3d, at 1029 (quoting Clark v. Clark, 984 F. 2d 272, 273 (CA8 1993)); see also Restatement (Second) of Judgments §28, Comment j, at 284 (explaining that “refusal to give the first judgment preclusive effect should not . . . be based simply on a conclusion that [it] was patently erroneous”).
discussed Cited as authority (rule) B&B Hardware, Inc. v. Hargis Industries, Inc.
SCOTUS · 2015 · confidence medium
As Judge Colloton observed in dissent, “ ‘issue preclusion prevent[s] relitigation of wrong decisions just as much as right ones.’ ” 716 F. 3d, at 1029 (quoting Clark v. Clark, 984 F. 2d 272, 273 (CA8 1993)); see also Restatement (Second) of Judgments §28, Comment j, at 284 (explaining that “refusal to give the first judgment preclusive effect should not . . . be based simply on a conclusion that [it] was patently erroneous”).
discussed Cited as authority (rule) Sandy Lake Band v. United States
8th Cir. · 2013 · confidence medium
We also do not pass judgment on whether the district court’s decision in Sandy Lake I was correct, for “issue preclusion prevents relitigation of wrong decisions just as much as right ones.” Ginters v. Frazier, 614 F.3d 822, 830 (8th Cir.2010) (Colloton, J., dissenting) (citing Clark v. Clark, 984 F.2d 272, 273 (8th Cir.1993)).
discussed Cited as authority (rule) B & B Hardware, Inc. v. Hargis Industries, Inc. (2×)
8th Cir. · 2013 · confidence medium
Otherwise, the doctrines would have no effect and be useless.” Clark v. Clark, 984 F.2d 272, 273 (8th Cir.1993).
examined Cited as authority (rule) Ginters v. Frazier (4×) also: Cited "see"
8th Cir. · 2010 · confidence medium
Clark v. Clark, 984 F.2d 272, 273 (8th Cir.1993).
discussed Cited as authority (rule) Smith v. District of Columbia
D.D.C. · 2009 · confidence medium
While the Superior Court’s decision did not allude to Smith’s constitutional claim, “[c]ourts’ opinions typically address explicitly only those contentions they believe are substantial enough to warrant such treatment [and] state courts’ opinions’ failure to mention plaintiffs federal constitutional arguments means only that those courts did not consider the arguments substantial.” Clark v. Clark, 984 F.2d 272, 273 (8th Cir.1993); see also Winters v. Lavine, 574 F.2d 46 , 61 (2d Cir.1978) (“[I]t is entirely possible for a court to consider and reject a particular claim presente…
discussed Cited as authority (rule) Smith v. District of Columbia Metropolitan Police Department
D.D.C. · 2009 · confidence medium
While the Superior Court's decision did not allude to Smith's constitutional claim, "[c]ourts' opinions typically address explicitly only those contentions they believe are substantial enough to warrant such treatment [and] state courts' opinions' failure to mention plaintiff's federal constitutional arguments means only that those courts did not consider the arguments substantial." Clark v. Clark, 984 F.2d 272, 273 (8th Cir. 1993); see also Winters v. Lavine, 574 F.2d 46, 61 (2d Cir. 1978) ("[I]t is entirely possible for a court to consider and reject a particular claim presented to it withou…
discussed Cited as authority (rule) Bauer v. State of Texas
5th Cir. · 2003 · confidence medium
See, e.g., Southern Christian Leadership v. Supreme Court of Louisiana, 252 F.3d 781 , 783 n.2 (5th Cir. 2001); Landers Seed Company v. Champaign National Bank, 15 F.3d 729 , 731-32 (7th Cir. 1994); Clark v. Clark, 984 F.2d 272, 273 (8th Cir. 1993); Voisin’s Oyster House v. Guidry, 799 F.2d 183, 186, 187-88 (5th Cir. 1986).
discussed Cited as authority (rule) Ruth Bauer v. The State of Texas, the Presiding Judge of Probate Court Number 3 of Harris County, Texas
5th Cir. · 2003 · confidence medium
See, e.g., Southern Christian Leadership v. Supreme Court of Louisiana, 252 F.3d 781 , 783 n. 2 (5th Cir.2001); Landers Seed Company v. Champaign National Bank, 15 F.3d 729 , 731-32 (7th Cir.1994); Clark v. Clark, 984 F.2d 272, 273 (8th Cir.1993); Voisin's Oyster House v. Guidry, 799 F.2d 183, 186, 187-88 (5th Cir.1986).
cited Cited as authority (rule) Hawley v. Nelson
E.D. Mo. · 1997 · confidence medium
Clark v. Clark, 984 F.2d 272, 273 (8th Cir.), cert. denied, 510 U.S. 828 , 114 S.Ct. 93 , 126 L.Ed.2d 60 (1993).
discussed Cited as authority (rule) Ward v. Morris
N.D. Miss. · 1995 · confidence medium
See, e.g., Mumford v. Zieba, 4 F.3d 429, 435 (6th Cir.1993); Clark v. Clark, 984 F.2d 272, 273 (8th Cir.), cert. denied, — U.S. -, 114 S.Ct. 93 , 126 L.Ed.2d 60 (1993); Foster v. Walsh, 864 F.2d 416, 418 (6th Cir.1988); McFarland v. Folsom, 854 F.Supp. 862 , 874 n. 9 (M.D.Ala.1994); Ippolito v. Florida, 824 F.Supp. 1562, 1572 (M.D.Fla.1993); Arthur v. Supreme Court of Iowa, 709 F.Supp. 157, 159 (S.D.Iowa 1989).
discussed Cited as authority (rule) Harris v. Champion
10th Cir. · 1995 · confidence medium
See, e.g., Coopersmith v. Supreme Ct. of Colo., 465 F.2d 993, 994 (10th Cir.1972); Mumford v. Zieba, 4 F.3d 429, 435 (6th Cir.1993); Clark v. Clark, 984 F.2d 272, 273 (8th Cir.), cert. denied, --- U.S. ----, 114 S.Ct. 93 , 126 L.Ed.2d 60 (1993). 11 Likewise, the judges in their official capacities were not persons under Sec. 1983, except to the extent plaintiffs sued them for prospective injunctive relief.
discussed Cited as authority (rule) Harris v. Champion
10th Cir. · 1995 · confidence medium
See, e.g., Coopersmith v. Supreme Ct. of Colo., 465 F.2d 993, 994 (10th Cir.1972); Mumford v. Zieba, 4 F.3d 429, 435 (6th Cir.1993); Clark v. Clark, 984 F.2d 272, 273 (8th Cir.), cert. denied, — U.S. --, 114 S.Ct. 93 , 126 L.Ed.2d 60 (1993).
cited Cited as authority (rule) Landers Seed Company, Incorporated v. Champaign National Bank
7th Cir. · 1994 · confidence medium
Sec. 1983 . 984 F.2d at 273
cited Cited "see" Davis v. Missouri-Saint Louis County Courthouse
S.D. Ill. · 2025 · signal: see · confidence high
See Clark v. Clark, 984 F.2d 272, 273 (8th Cir. 1993) citing Will v. Michigan Department of State Police, 491 U.S. 58 (1989).
discussed Cited "see" Michelle Ideker v. Harley-Davidson, Inc.
8th Cir. · 2015 · signal: accord · confidence high
Federated, 452 U.S. at 398-99 , 101 S.Ct. 2424 (quoting Reed v. Allen, 286 U.S. 191, 201 , 52 S.Ct. 532 , 76 L.Ed. 1054 (1932)); accord Clark v. Clark, 984 F.2d 272, 273 (8th Cir.1993) (“[I]ssue preclusion prevents] relitigation of wrong decisions just as much as right ones.
Retrieving the full opinion text from the archive…
Suzanne Clark
v.
George H. Clark, of the Estate of Ferne R. Clark, Deceased the District Court for the State of Iowa in and for Story County and the Supreme Court of the State of Iowa
92-2327.
Court of Appeals for the Eighth Circuit.
Mar 25, 1993.
984 F.2d 272
Cited by 11 opinions  |  Published

984 F.2d 272

Suzanne CLARK, Appellant,
v.
George H. CLARK, Executor of the Estate of Ferne R. Clark,
Deceased; the District Court for the State of
Iowa in and for Story County; and the
Supreme Court of the State of
Iowa, Appellees.

No. 92-2327.

United States Court of Appeals,
Eighth Circuit.

Submitted Jan. 15, 1993.
Decided Jan. 28, 1993.
Rehearing and Rehearing En Banc
Denied March 25, 1993.

Paul D. Lunde, Ames, IA, for appellant.

James A. Brewer, Ames, IA, for George H. Clark.

Julie F. Pottorff, Sp. Asst. Atty. Gen., Des Moines, IA, for District Court and Supreme Court of Iowa.

Before RICHARD S. ARNOLD, Chief Judge, MORRIS SHEPPARD ARNOLD, Circuit Judge, and HAMILTON,[*] District Judge.

RICHARD S. ARNOLD, Chief Judge.

[*~272]1

This is a suit for injunction under 42 U.S.C. § 1983 and the Fourteenth Amendment. The plaintiff in the present case, Suzanne Clark, has previously litigated in the Iowa state courts a question of title to real property formerly owned by her deceased mother, Ferne R. Clark. The other party in the state-court litigation, George H. Clark, is one of the defendants in this case and is Suzanne's brother. The other two defendants in this case are the state courts that decided the dispute between Suzanne and George. Suzanne brings this case, according to her own characterization, as "a collateral attack on judgments of two Defendant Iowa State Courts...." Brief for Appellant ii.

2

The District Court[1] dismissed the complaint, and we affirm. Only a brief explanation is necessary.

[*~273]3

In the first place, it is not proper to make a court a defendant. Courts are not persons within the meaning of 42 U.S.C. § 1983, and, if they were, the action would be barred by the Eleventh Amendment, anyway. See Will v. Michigan Department of State Police, 491 U.S. 58, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989); Harris v. Missouri Court of Appeals, Western District, 787 F.2d 427, 429 (8th Cir.), cert. denied, 479 U.S. 851, 107 S.Ct. 179, 93 L.Ed.2d 114 (1986). Plaintiff points out that she could avoid this problem by naming as individual defendants the judges of the courts in question. And in fact she attempted to amend her complaint in this fashion in the District Court. But even if this were done, her case would still face an insuperable obstacle: the bar of res judicata, arising out of the adverse judgments she suffered in the former state-court litigation.

4

The state courts squarely rejected the plaintiff's contention that she had a life estate in the real property in question. See In re Estate of Clark, 476 N.W.2d 367 (Iowa) (table), cert. denied, --- U.S. ----, 112 S.Ct. 640, 116 L.Ed.2d 658 (1991). All of the contentions that the plaintiff seeks to make in the present, federal action were made in the state courts. When those courts ruled in favor of George Clark, they necessarily rejected plaintiff's contentions, including her reliance on the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

[*273]5

Plaintiff may not relitigate the issues that have thus been determined against her, see Kremer v. Chemical Construction Corp., 456 U.S. 461, 102 S.Ct. 1883, 72 L.Ed.2d 262 (1982), if she had a full and fair opportunity to litigate those issues in the state courts. Plaintiff argues to us that the state courts ignored her federal constitutional contentions, that the opinions of those courts failed even to acknowledge that such contentions were being made. But under Kremer the judgment of the state courts is conclusive if those courts' procedures satisfied due-process requirements. In the end, plaintiff's argument is simply that the state courts' opinions did not expressly rule on her federal constitutional arguments. We do not believe that the Due Process Clause of the Fourteenth Amendment requires any particular technique of opinion-writing. Courts frequently reject by implication arguments urged by parties. Courts' opinions typically address explicitly only those contentions they believe are substantial enough to warrant such treatment. The state courts' opinions' failure to mention plaintiff's federal constitutional arguments means only that those courts did not consider the arguments substantial. Whether this was right or wrong is beside the point in the present posture of the case. The doctrines of claim and issue preclusion prevent relitigation of wrong decisions just as much as right ones. Otherwise, the doctrines would have no effect and be useless.

6

The District Court correctly determined that the judgments of the state courts against Suzanne Clark's property claim preclude her attempt to relitigate in this federal action constitutional contentions that she unsuccessfully raised before the state courts.

7

Affirmed.

*

The Hon. Jean C. Hamilton, United States District Judge for the Eastern District of Missouri, sitting by designation

1

The Hon. Ronald E. Longstaff, United States District Judge for the Southern District of Iowa