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31 Texas opinions name it 2 courts 1993–2023 2 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Thomas v. Collinsgreen2 sentences2023Thomas v. Collins, 960 S.W.2d 106, 109 (Tex. App.—Houston [1st Dist.] 1997, pet. denied). 2020Thomas v. Collins, 960 S.W.2d 106, 109 (Tex. App.—Houston [1st Dist.] 1997, pet. denied). | 11 | 11 |
Parratt v. Taylorred2 sentences2007We also note that, in the portion of their petition in which they attempted to reserve for federal court “unripe federal Constitutional takings claims” against all defendants, the Howeth parties specifically represented that they were not “pleadfing] such [federal] claims at this time.” Section 1983 provides a remedy for violations of federal rights committed by persons acting under color of state law. 42 U.S.C.S. § 1983 (LexisNexis 2002) (speaking in terms of violations, etc., of federal Constitution and laws); Parrott v. Taylor, 451 U.S. 527, 535 , 101 S.Ct. 1908, 1913 , 68 L.Ed.2d 420 (1981 2007We also note that, in the portion of their petition in which they attempted to reserve for federal court “unripe federal Constitutional takings claims” against all defendants, the Howeth parties specifically represented that they were not “pleadfing] such [federal] claims at this time.” Section 1983 provides a remedy for violations of federal rights committed by persons acting under color of state law. 42 U.S.C.S. § 1983 (LexisNexis 2002) (speaking in terms of violations, etc., of federal Constitution and laws); Parrott v. Taylor, 451 U.S. 527, 535 , 101 S.Ct. 1908, 1913 , 68 L.Ed.2d 420 (1981 | 4 | 5 |
Baker v. McCollangreen2 sentences2015See Baker v. McCollan, 443 U.S. 137 , 144 n.3 (1979) (Section 1983 is “a method for vindicating federal rights elsewhere conferred by . . . the United States Constitution and federal statutes . . . .”); Carbonell v. La. 1996Baker v. McCollan, 443 U.S. 137, 140 , 99 S.Ct. 2689, 2692 , 61 L.Ed.2d 433 (1979); see Pyles v. Raisor, 60 F.3d 1211, 1213 (6th Cir.1995) (holding that arrestee could not recover under section 1983 for arrest that violated Kentucky law but comported with minimum requirements of Fourth Amendment). | 2 | 3 |
Lugar v. Edmondson Oil Co.green2 sentences2021Appellant also lists other statutory provisions under which he brought suit against Appellees. 42 U.S.C. § 1983 provides a remedy for deprivation of rights secured by the Constitution and the laws of the United States when that deprivation takes place “under color of any statute, ordinance, regulation, custom, or usage, of any State.” 42 U.S.C. § 1983 ; Lugar v. Edmondson Oil Co., 457 U.S. 922, 924 (1982). 2018TITLE 42 U.S.C. § 1983 Title 42 U.S.C. § 1983 provides a remedy for deprivations of rights secured by the Constitution and the laws of the United States when that deprivation takes place “under color of any statute, ordinance, regulation, custom, or usage of any State . . . .” 1 42 U.S.C. § 1983 ; Lugar v. Edmondson Oil Co., 457 U.S. 922, 924 (1982). | 2 | 2 |
Albright v. Olivergreen2 sentences2003Albright v. Oliver , 510 U.S. 266, 271 (1994). 2003Albright v. Oliver, 510 U.S. 266, 271 (1994). | 2 | 2 |
Teresa A. Pyles v. Robert S. Raisor, Ray L. Sabbatinegreen2 sentences1996Baker v. McCollan , 443 U.S. 137, 140 (1979); see Pyles v. Raisor , 60 F.3d 1211, 1213 (6th Cir. 1995) (holding that arrestee could not recover under section 1983 for arrest that violated Kentucky law but comported with minimum requirements of Fourth Amendment). 1996Baker v. McCollan, 443 U.S. 137, 140 , 99 S.Ct. 2689, 2692 , 61 L.Ed.2d 433 (1979); see Pyles v. Raisor, 60 F.3d 1211, 1213 (6th Cir.1995) (holding that arrestee could not recover under section 1983 for arrest that violated Kentucky law but comported with minimum requirements of Fourth Amendment). | 2 | 2 |
Golden State Transit Corp. v. City of Los Angelesgreen2 sentences2015Id. (emphasis in original). [6] Further, the Court in Gonzaga set forth some of the factors from its prior cases that are indications of Congressional intent to make statutory provisions enforceable under § 1983. “[A] claim based on a statutory violation is enforceable under § 1983 only when the statute creates ‘rights, privileges, or immunities' in the particular plaintiff.” Id. at 285, 122 S.Ct. 2268 (quoting Golden State Transit Corp., 493 U.S. at 108 n. 4, 110 S.Ct. 444 ). 2015Id. (emphasis in original). [6] Further, the Court in Gonzaga set forth some of the factors from its prior cases that are indications of Congressional intent to make statutory provisions enforceable under § 1983. “[A] claim based on a statutory violation is enforceable under § 1983 only when the statute creates ‘rights, privileges, or immunities' in the particular plaintiff.” Id. at 285, 122 S.Ct. 2268 (quoting Golden State Transit Corp., 493 U.S. at 108 n. 4, 110 S.Ct. 444 ). | 1 | 2 |
Daniels v. Williamsgreen2 sentences2007We also note that, in the portion of their petition in which they attempted to reserve for federal court “unripe federal Constitutional takings claims” against all defendants, the Howeth parties specifically represented that they were not “pleadfing] such [federal] claims at this time.” Section 1983 provides a remedy for violations of federal rights committed by persons acting under color of state law. 42 U.S.C.S. § 1983 (LexisNexis 2002) (speaking in terms of violations, etc., of federal Constitution and laws); Parrott v. Taylor, 451 U.S. 527, 535 , 101 S.Ct. 1908, 1913 , 68 L.Ed.2d 420 (1981 2007We also note that, in the portion of their petition in which they attempted to reserve for federal court “unripe federal Constitutional takings claims” against all defendants, the Howeth parties specifically represented that they were not “pleadfing] such [federal] claims at this time.” Section 1983 provides a remedy for violations of federal rights committed by persons acting under color of state law. 42 U.S.C.S. § 1983 (LexisNexis 2002) (speaking in terms of violations, etc., of federal Constitution and laws); Parrott v. Taylor, 451 U.S. 527, 535 , 101 S.Ct. 1908, 1913 , 68 L.Ed.2d 420 (1981 | 1 | 2 |
Davis v. Renniegreen1 sentence2019See Davis v. Rennie, 264 F.3d 86, 117 (1st Cir. 2001) (affirming judgment in favor of involuntarily committed mental patient against mental hospital personnel who allegedly used excessive force during restraint); Andrews v. Neer, 253 F.3d 1052, 1060 (8th Cir. 2001) (reviewing § 1983 claims made by the family of a mental patient who died after alleged excessive force during take down); see also Rushing v. Simpson, No. 4:08CV1338, 2009 WL 4825196 , *9 (E.D. | 1 | 1 |
Andrews v. Neergreen1 sentence2019See Davis v. Rennie, 264 F.3d 86, 117 (1st Cir. 2001) (affirming judgment in favor of involuntarily committed mental patient against mental hospital personnel who allegedly used excessive force during restraint); Andrews v. Neer, 253 F.3d 1052, 1060 (8th Cir. 2001) (reviewing § 1983 claims made by the family of a mental patient who died after alleged excessive force during take down); see also Rushing v. Simpson, No. 4:08CV1338, 2009 WL 4825196 , *9 (E.D. | 1 | 1 |
Patsy v. Board of Regents of Fla.green1 sentence2015See Patsy v. Bd. of Regents, 457 U.S. 496, 500 (1982). 26 Section 1983 provides a remedy for violations of federal constitutional and federal statutory rights. | 1 | 1 |
Palermo v. Woodsgreen1 sentence2007App. P. 47.4. 2: 42 U.S.C. § 1983 (2000). 3: See Decker v. Dunbar , 200 S.W.3d 807, 810 (Tex. App.—Texarkana 2006, pet. denied) (“Section 1983 provides a remedy when any person acting under color of state law deprives another of rights, privileges, or immunities protected by the United States Constitution or laws[,]” and “[an inmate] does have a right, as articulated by the courts, to adequate access to legal materials”); see also Woods v. Smith , 60 F.3d 1161, 1164 (5th Cir. 1995), cert. denied , Palermo v. Woods , 516 U.S. 1084 (1996). (“[A] prison official may not retaliate against or haras | 1 | 1 |
Francis v. TDCJ-CIDgreen1 sentence2007App. P. 47.4. 2: 42 U.S.C. § 1983 (2000). 3: See Decker v. Dunbar , 200 S.W.3d 807, 810 (Tex. App.—Texarkana 2006, pet. denied) (“Section 1983 provides a remedy when any person acting under color of state law deprives another of rights, privileges, or immunities protected by the United States Constitution or laws[,]” and “[an inmate] does have a right, as articulated by the courts, to adequate access to legal materials”); see also Woods v. Smith , 60 F.3d 1161, 1164 (5th Cir. 1995), cert. denied , Palermo v. Woods , 516 U.S. 1084 (1996). (“[A] prison official may not retaliate against or haras | 1 | 1 |
Decker v. Dunbargreen1 sentence2007App. P. 47.4. 2: 42 U.S.C. § 1983 (2000). 3: See Decker v. Dunbar , 200 S.W.3d 807, 810 (Tex. App.—Texarkana 2006, pet. denied) (“Section 1983 provides a remedy when any person acting under color of state law deprives another of rights, privileges, or immunities protected by the United States Constitution or laws[,]” and “[an inmate] does have a right, as articulated by the courts, to adequate access to legal materials”); see also Woods v. Smith , 60 F.3d 1161, 1164 (5th Cir. 1995), cert. denied , Palermo v. Woods , 516 U.S. 1084 (1996). (“[A] prison official may not retaliate against or haras | 1 | 1 |
Claude E. Woods v. Larry Smithgreen1 sentence2007App. P. 47.4. 2: 42 U.S.C. § 1983 (2000). 3: See Decker v. Dunbar , 200 S.W.3d 807, 810 (Tex. App.—Texarkana 2006, pet. denied) (“Section 1983 provides a remedy when any person acting under color of state law deprives another of rights, privileges, or immunities protected by the United States Constitution or laws[,]” and “[an inmate] does have a right, as articulated by the courts, to adequate access to legal materials”); see also Woods v. Smith , 60 F.3d 1161, 1164 (5th Cir. 1995), cert. denied , Palermo v. Woods , 516 U.S. 1084 (1996). (“[A] prison official may not retaliate against or haras | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Stotter v. University of Texas at San Antonio
green
2 sentences2015Stotter v. Univ. of Tex. at San Antonio, 508 F.3d 812 , 821 (5th Cir. 2007). 2015Stotter v. Univ. of Tex. at San Antonio, 508 F.3d 812 , 821 (5th Cir. 2007). | 2 | 2015–2015 |
Smith v. Robinson
red
2 sentences2015Thus, once a plaintiff demonstrates that a statute confers an individual right, the right is presumptively enforceable by § 1983. 6 Id. at 284, 122 S.Ct. 2268 . 6 The Court in Gonzaga further explained that “[t]he State may rebut this presumption by showing that Congress ‘specifically foreclosed a remedy under § 1983.’ ” Gonzaga Univ. v. Doe, 536 U.S. 273 , 285 n. 4, 122 S.Ct. 2268 , 153 L.Ed.2d 309 (2002) (quoting Smith v. Robinson, 468 U.S. 992 , 1004–05, n. 9, 104 S.Ct. 3457 , 82 L.Ed.2d 746 (1984)). 2015Thus, once a plaintiff demonstrates that a statute confers an individual right, the right is presumptively enforceable by § 1983. 6 Id. at 284, 122 S.Ct. 2268 . 6 The Court in Gonzaga further explained that “[t]he State may rebut this presumption by showing that Congress ‘specifically foreclosed a remedy under § 1983.’ ” Gonzaga Univ. v. Doe, 536 U.S. 273 , 285 n. 4, 122 S.Ct. 2268 , 153 L.Ed.2d 309 (2002) (quoting Smith v. Robinson, 468 U.S. 992 , 1004–05, n. 9, 104 S.Ct. 3457 , 82 L.Ed.2d 746 (1984)). | 1 | 2015–2015 |
Wright v. City of Roanoke Redevelopment & Housing Authority
green
2 sentences2015“The State's burden is to demonstrate that Congress shut the door to private enforcement either expressly, through ‘specific evidence from the statute itself,’ [Wright, 479 U.S. at 423 , 107 S.Ct. 766 ], or ‘impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual enforcement under § 1983,’ [Blessing, 520 U.S. at 341 , 117 S.Ct. 1353 ]. 2015“The State's burden is to demonstrate that Congress shut the door to private enforcement either expressly, through ‘specific evidence from the statute itself,’ [Wright, 479 U.S. at 423 , 107 S.Ct. 766 ], or ‘impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual enforcement under § 1983,’ [Blessing, 520 U.S. at 341 , 117 S.Ct. 1353 ]. | 1 | 2015–2015 |
Blessing v. Freestone
red
2 sentences2015“The State's burden is to demonstrate that Congress shut the door to private enforcement either expressly, through ‘specific evidence from the statute itself,’ [Wright, 479 U.S. at 423 , 107 S.Ct. 766 ], or ‘impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual enforcement under § 1983,’ [Blessing, 520 U.S. at 341 , 117 S.Ct. 1353 ]. 2015“The State's burden is to demonstrate that Congress shut the door to private enforcement either expressly, through ‘specific evidence from the statute itself,’ [Wright, 479 U.S. at 423 , 107 S.Ct. 766 ], or ‘impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual enforcement under § 1983,’ [Blessing, 520 U.S. at 341 , 117 S.Ct. 1353 ]. | 1 | 2015–2015 |
Gonzaga University v. Doe
green
2 sentences2015Thus, once a plaintiff demonstrates that a statute confers an individual right, the right is presumptively enforceable by § 1983. 6 Id. at 284, 122 S.Ct. 2268 . 6 The Court in Gonzaga further explained that “[t]he State may rebut this presumption by showing that Congress ‘specifically foreclosed a remedy under § 1983.’ ” Gonzaga Univ. v. Doe, 536 U.S. 273 , 285 n. 4, 122 S.Ct. 2268 , 153 L.Ed.2d 309 (2002) (quoting Smith v. Robinson, 468 U.S. 992 , 1004–05, n. 9, 104 S.Ct. 3457 , 82 L.Ed.2d 746 (1984)). 2015Id. (emphasis in original). [6] Further, the Court in Gonzaga set forth some of the factors from its prior cases that are indications of Congressional intent to make statutory provisions enforceable under § 1983. “[A] claim based on a statutory violation is enforceable under § 1983 only when the statute creates ‘rights, privileges, or immunities' in the particular plaintiff.” Id. at 285, 122 S.Ct. 2268 (quoting Golden State Transit Corp., 493 U.S. at 108 n. 4, 110 S.Ct. 444 ). | 1 | 2015–2015 |
Equal Access for El Paso, Inc. v. Hawkins
green
1 sentence2015No claim to original U.S. Government Works. 1 Equal Access for El Paso, Inc. v. Hawkins, 509 F.3d 697 (2007) Med & Med GD (CCH) P 302,254 4 Cases that cite this headnote [3] Civil Rights Nature and elements of civil actions Section 1983 imposes liability on anyone who, under color of state law, deprives a person of any rights, privileges, or immunities secured by the Constitution and laws. 42 U.S.C.A. § 1983 . 6 Cases that cite this headnote [4] Civil Rights Rights Protected The § 1983 remedy encompasses violations of rights secured by federal statutory as well as constitutional law. 42 U.S.C. | 1 | 2015–2015 |
Maine v. Thiboutot
green
2 sentences2015Maine v. Thiboutot, 448 U.S. 1, 4 , 100 S.Ct. 2502 , 65 L.Ed.2d 555 (1980). 2015Maine v. Thiboutot, 448 U.S. 1, 4 , 100 S.Ct. 2502 , 65 L.Ed.2d 555 (1980). | 1 | 2015–2015 |
Cousin v. Small
green
1 sentence2006Cousin, 325 F.3d at 632 . | 1 | 2006–2006 |
Thomas v. Collins
green
1 sentence1997A. Cause of Action Section 1983 provides a remedy when any person acting under color of state law deprives another of rights, privileges, or immunities protected by the U.S. Constitution or laws. 42 U.S.C. § 1983 (1987); Thomas, 860 S.W.2d at 502 . | 1 | 1997–1997 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.