section 1983 damages in Indiana

2010Ambulance Serv. v. Steindler, 629 N.E.2d 1231, 1233 (Ind.1994). [5] This civil damages remedy does not purport to provide a remedy equal to a § 1983 action for damages arising from a violation of rights under the United States Constitution or federal law. [6] Sergeant Strausborger testified that he was an Emergency Services Team supervisor "in charge of planning the execution of the search warrant" at issue and that he had "created a tactical plan." (Tr. 13.) He described his understanding of the typical evaluative process: "We're given the opportunity of what we do is we look at all the circu

2010Ambulance Serv. v. Steindler, 629 N.E.2d 1231, 1233 (Ind.1994). [7] This civil damages remedy does not purport to provide a remedy equal to a § 1983 action for damages arising from a violation of rights under the United States Constitution or federal law. [8] Sergeant Strausborger testified that he was an Emergency Services team supervisor "in charge of planning the execution of the search warrant" at issue and that he had "created a tactical plan." (Tr. 13.) He described his understanding of the typical evaluative process: "We're given the opportunity of what we do is we look at all the circu

1996Patrick v. Jasper County, 901 F.2d 561, 565 (7th Cir.1990).

1996Patrick v. Jasper County, 901 F.2d 561, 565 (7th Cir.1990).

2016Third, with respect to the Eighth Amendment claim, the trial court agreed that the DOC is not a “person” amenable to suit for federal civil rights violations under 42 U.S.C. § 1983 . 1 See Will v. Michigan Dep’t of State Police, 491 U.S. 58, 71 , 109 S. Ct. 2304, 2312 (1989) (holding that state agencies and state officials acting in their official capacities are not “persons” who can be sued under § 1983). [9] Robbins provides no argument as to why the trial court erred on any of these points.

2016Third, with respect to the Eighth Amendment claim, the trial court agreed that the DOC is not a “person” amenable to suit for federal civil rights violations under 42 U.S.C. § 1983 . 1 See Will v. Michigan Dep’t of State Police, 491 U.S. 58, 71 , 109 S. Ct. 2304, 2312 (1989) (holding that state agencies and state officials acting in their official capacities are not “persons” who can be sued under § 1983). [9] Robbins provides no argument as to why the trial court erred on any of these points.

1992City of Newport v. Fact Concerts, Inc. (1981), 453 U.S. 247, 271 , 101 S.Ct. 2748, 2762 , 69 L.Ed.2d 616 , 635 5 ; cf. Smith v. Wade (1983), 461 U.S. 30, 51 , 103 S.Ct. 1625, 1637 , 75 L.Ed.2d 632, 651 (punitives may be assessed in actions under § 1983 when defendant’s conduct is shown to be motivated by evil motive or intent, or when it involves callous indifference to federally-protected rights of others).

1992City of Newport v. Fact Concerts, Inc. (1981), 453 U.S. 247, 271 , 101 S.Ct. 2748, 2762 , 69 L.Ed.2d 616 , 635 5 ; cf. Smith v. Wade (1983), 461 U.S. 30, 51 , 103 S.Ct. 1625, 1637 , 75 L.Ed.2d 632, 651 (punitives may be assessed in actions under § 1983 when defendant’s conduct is shown to be motivated by evil motive or intent, or when it involves callous indifference to federally-protected rights of others).

2017Severson v. Bd. of Trustees of Purdue Univ., 777 N.E.2d 1181, 1194 (Ind. Ct. App. 2002), trans. denied; see also Chang, 985 N.E.2d at 49 (“[A] state official may be sued in his or her individual capacity for retrospective relief under § 1983.”).

2017Severson v. Bd. of Trustees of Purdue Univ., 777 N.E.2d 1181, 1194 (Ind. Ct. App. 2002), trans. denied; see also Chang, 985 N.E.2d at 49 (“[A] state official may be sued in his or her individual capacity for retrospective relief under § 1983.”).

2015See, e.g., Foster v. Michigan, 573 Fed.Appx. 377, 391 (6th Cir.2014) (“[W]e have long held that § 1983 provides the exclusive remedy for [federal] constitutional violations.").

2011See, e.g., Clappier v. Flynn, 605 F.2d 519, 531 (10th Cir.1979) (pretrial detainee who sued sheriff after *72 being assaulted by other inmates could not recover on both state law negligence claims and § 1988 claims because both claims arose from the same facts and sought identical relief in the form of compensatory damages); Zarcone v. Perry, 78 A.D.2d 70 , 434 N.Y.S.2d 437, 443-44 (1980) (plaintiff who had already recovered damages in § 1983 action was precluded from bringing an action to recover damages for state law torts based on the same conduct of defendants), aff'd, 55 N.Y.2d 782 , 447

2011See, e.g., Clappier v. Flynn, 605 F.2d 519, 531 (10th Cir.1979) (pretrial detainee who sued sheriff after *72 being assaulted by other inmates could not recover on both state law negligence claims and § 1988 claims because both claims arose from the same facts and sought identical relief in the form of compensatory damages); Zarcone v. Perry, 78 A.D.2d 70 , 434 N.Y.S.2d 437, 443-44 (1980) (plaintiff who had already recovered damages in § 1983 action was precluded from bringing an action to recover damages for state law torts based on the same conduct of defendants), aff'd, 55 N.Y.2d 782 , 447

2011See, e.g., Clappier v. Flynn, 605 F.2d 519, 531 (10th Cir.1979) (pretrial detainee who sued sheriff after *72 being assaulted by other inmates could not recover on both state law negligence claims and § 1988 claims because both claims arose from the same facts and sought identical relief in the form of compensatory damages); Zarcone v. Perry, 78 A.D.2d 70 , 434 N.Y.S.2d 437, 443-44 (1980) (plaintiff who had already recovered damages in § 1983 action was precluded from bringing an action to recover damages for state law torts based on the same conduct of defendants), aff'd, 55 N.Y.2d 782 , 447

2006See Forrester v. White, 484 U.S. 219, 229-30 , 108 S.Ct. 538 , 98 L.Ed.2d 555 (1988) (in a suit for damages under § 1983, a state court judge was not entitled to absolute judicial immunity for his decision to demote and discharge a subordinate court employee because such employment decisions are administrative.) “[I]t [is] the nature of the function performed, not the identity of the actor who performed it,” that controls the degree of immunity given to the function.

2006See Forrester v. White, 484 U.S. 219, 229-30 , 108 S.Ct. 538 , 98 L.Ed.2d 555 (1988) (in a suit for damages under § 1983, a state court judge was not entitled to absolute judicial immunity for his decision to demote and discharge a subordinate court employee because such employment decisions are administrative.) “[I]t [is] the nature of the function performed, not the identity of the actor who performed it,” that controls the degree of immunity given to the function.

2005See Biddle v. Martin, 992 F.2d 673, 676 (7th Cir. 1993).

2005See Biddle v. Martin, 992 F.2d 673, 676 (7th Cir.1993).

2002See Shelton, 891 F.2d 165 (acknowledging that the Eleventh Amendment bars § 1983 claims for money damages against Indiana University trustees in their official capacities but does not bar § 1983 claims for injunctive relief against the same trustees in their official capacities); Kashani, 813 F.2d at 844, 848 (affirming dismissal of all § 1983 claims against Purdue University but reversing dismissal of § 1983 claims — for injunctive relief — against trustees in their official capacities).

2002See Shelton, 891 F.2d 165 (acknowledging that the Eleventh Amendment bars § 1983 claims for money damages against Indiana University trustees in their official capacities but does not bar § 1983 claims for injunctive relief against the same trustees in their official capacities); Kashani, 813 F.2d at 844, 848 (affirming dismissal of all § 1983 claims against Purdue University but reversing dismissal of § 1983 claims — for injunctive relief — against trustees in their official capacities).

1999Eversole v. Steele, 59 F.3d 710, 717 (7th Cir.1995).

1999Eversole v. Steele, 59 F.3d 710, 717 (7th Cir. 1995).

1999See Benedetto v. Indiana University, 707 N.E.2d 1062, 1063 (Ind.Ct.App.1999).

1999See Benedetto v. Indiana University, 707 N.E.2d 1062, 1063 (Ind.Ct.App.1999).

1996Patrick v. Staples, 780 F.Supp. 1528, 1549 (N.D.Ind.1991) (citing DeGidio v. Pung, 920 F.2d 525, 534 (8th Cir.1990)).

1996Patrick v. Staples, 780 F.Supp. 1528, 1549 (N.D.Ind.1991) (citing DeGidio v. Pung, 920 F.2d 525, 534 (8th Cir.1990)).