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24 Washington opinions name it 2 courts 1984–2025 2 in the last five years
The cases below were cited by Washington 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 |
|---|---|---|
Washington v. Wilmoregreen2 sentences2010Zahrey, 221 F.3d at 352 ; see also Wilmore, 407 F.3d at 283 (holding an investigating officer is liable under § 1983 for the "reasonably foreseeable result of [the] initial act of fabrication"). 2010Zahrey, 221 F.3d at 352 ; see also Wilmore, 407 F.3d at 283 (holding an investigating officer is liable under § 1983 for the “reasonably foreseeable result of [the] initial act of fabrication”). | 2 | 2 |
Howard L. Wyatt v. Bill Cole, John Robbins, IIgreen2 sentences2002Wyatt v. Cole, 994 F.2d 1113, 1120 (5th Cir.1993); Jordan v. Fox, Rothschild O'Brien & Frankel, 20 F.3d at 1250, 1276 (3rd Cir.1994); Franklin v. Fox, No. C 97-2443 CRB, 2001 WL 114438 at *6 (N.D.Calif., Jan. 22, 2001)(mem.); Egervary v. Rooney, No. CIV.A. 96-3039, 2000 WL 1160720 (E.D.Pa., Aug. 15, 2000)(mem.) The weight of authority places the burden of proof on the plaintiff. 2002Wyatt v. Cole, 994 F.2d 1113, 1120 (5th Cir. 1993); Jordan v. Fox, Rothschild O’Brien & Frankel, 20 F.3d 1250 , 1276 (3d Cir. 1994); Franklin v. Fox, No. C 97-2443 CRB, 2000 U.S. Dist. | 2 | 2 |
Monell v. New York City Dept. of Social Servs.green2 sentences1989Municipalities are "persons" subject to damages under § 1983, but "a municipality cannot be held liable solely because it employs a tortfeasor — or, in other words, a municipality cannot be held liable under § 1983 on a respondeat superior theory." Monell v. Department of Social Servs., 436 U.S. 658, 691 , 56 L. 1989Municipalities are "persons" subject to damages under § 1983, but "a municipality cannot be held liable solely because it employs a tortfeasor — or, in other words, a municipality cannot be held liable under § 1983 on a respondeat superior theory." Monell v. Department of Social Servs., 436 U.S. 658, 691 , 56 L. | 1 | 6 |
Jordan v. Fox, Rothschild, O'Brien & Frankelgreen2 sentences2002Wyatt v. Cole, 994 F.2d 1113, 1120 (5th Cir.1993); Jordan v. Fox, Rothschild O'Brien & Frankel, 20 F.3d at 1250, 1276 (3rd Cir.1994); Franklin v. Fox, No. C 97-2443 CRB, 2001 WL 114438 at *6 (N.D.Calif., Jan. 22, 2001)(mem.); Egervary v. Rooney, No. CIV.A. 96-3039, 2000 WL 1160720 (E.D.Pa., Aug. 15, 2000)(mem.) The weight of authority places the burden of proof on the plaintiff. 2002Wyatt v. Cole, 994 F.2d 1113, 1120 (5th Cir. 1993); Jordan v. Fox, Rothschild O’Brien & Frankel, 20 F.3d 1250 , 1276 (3d Cir. 1994); Franklin v. Fox, No. C 97-2443 CRB, 2000 U.S. Dist. | 1 | 2 |
Romanski v. Detroit Entertainment, L.L.C.green1 sentence2025A “sworn peace officer” is someone “who is an employee of the federal government, the state, a political subdivision, agency, or department branch of a municipality, or other unit of local government, and has law enforcement powers.” RCW 18.170.010(21) (emphasis added). 2 Thus, only sworn peace officers may exercise law enforcement 1 Romanski, 428 F.3d at 637, concerned the public function test to determine whether a private party charged with deprivation of a constitutional right could be described as a state actor and therefore liable under 42 U.S.C. § 1983 . | 1 | 1 |
DeShaney v. Winnebago County Department of Social Servicesgreen1 sentence2016Id. at 201-02 (citations omitted). ¶35 In rejecting the notion that States can be liable under § 1983 for failing to protect a person against private violence, the Court acknowledged one exceptional case where protection was required and suggested another where it might be. | 1 | 1 |
Gray v. University of Colorado Hospital Authoritygreen1 sentence2016It alleges that Mr. Noland’s and the other defendants’ conduct was “deliberate, intentional and/or negligent.” CP at 7. ¶42 DeShaney does not apply under these facts, as most fully explained by Gray v. University of Colorado Hospital Authority, 672 F.3d 909, 924 (10th Cir. 2012), in which the Tenth Circuit considered whether a state university hospital could be held liable under § 1983 following a patient’s death. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Zaher Zahrey v. Martin E. Coffey
green
2 sentences2010Zahrey, 221 F.3d at 352 ; see also Wilmore, 407 F.3d at 283 (holding an investigating officer is liable under § 1983 for the "reasonably foreseeable result of [the] initial act of fabrication"). 2010Zahrey, 221 F.3d at 352 ; see also Wilmore, 407 F.3d at 283 (holding an investigating officer is liable under § 1983 for the “reasonably foreseeable result of [the] initial act of fabrication”). | 2 | 2010–2010 |
Kenneth Ray Meade v. Grubbs, Badge No. 128, Individually and as a Deputy Sheriff of the County of Oklahoma
red
2 sentences2008Feb.23, 2007) (under state law, sheriff is state official, not county official); Thompson v. Duke, 882 F.2d 1180 (7th Cir.1989) (county not liable under § 1983 claim for failing to train sheriff's deputies); Meade v. Grubbs, 841 F.2d 1512 (10th Cir.1988) (supervisor's liability cannot be imputed under § 1983); Moy v. County of Cook, 159 Ill.2d 519 , 203 Ill.Dec. 776 , 640 N.E.2d 926 (1994) (sheriff is county officer not an employee of the county). [8] The County asserts the following as examples: (1) Receiving less favorable work assignments than male prosecutors. (2) Receiving lower pay and b 2008Md. 2007) (under state law, sheriff is state official, not county official); Thompson v. Duke, 882 F.2d 1180 (7th Cir. 1989) (county not liable under 42 U.S.C. § 1983 claim for failing to train sheriff’s deputies); Meade v. Grubbs, 841 F.2d 1512 (10th Cir. 1988) (supervisor’s liability cannot be imputed under 42 U.S.C. § 1983 ); Moy v. County of Cook, 159 Ill. 2d 519 , 640 N.E.2d 926 , 203 Ill. Dec. 776 (1994) (sheriff is county officer, not an employee of the county). | 2 | 2008–2008 |
Thompson v. Duke
green
2 sentences2008Feb.23, 2007) (under state law, sheriff is state official, not county official); Thompson v. Duke, 882 F.2d 1180 (7th Cir.1989) (county not liable under § 1983 claim for failing to train sheriff's deputies); Meade v. Grubbs, 841 F.2d 1512 (10th Cir.1988) (supervisor's liability cannot be imputed under § 1983); Moy v. County of Cook, 159 Ill.2d 519 , 203 Ill.Dec. 776 , 640 N.E.2d 926 (1994) (sheriff is county officer not an employee of the county). [8] The County asserts the following as examples: (1) Receiving less favorable work assignments than male prosecutors. (2) Receiving lower pay and b 2008Md. 2007) (under state law, sheriff is state official, not county official); Thompson v. Duke, 882 F.2d 1180 (7th Cir. 1989) (county not liable under 42 U.S.C. § 1983 claim for failing to train sheriff’s deputies); Meade v. Grubbs, 841 F.2d 1512 (10th Cir. 1988) (supervisor’s liability cannot be imputed under 42 U.S.C. § 1983 ); Moy v. County of Cook, 159 Ill. 2d 519 , 640 N.E.2d 926 , 203 Ill. Dec. 776 (1994) (sheriff is county officer, not an employee of the county). | 2 | 2008–2008 |
Moy v. County of Cook
green
2 sentences2008Feb.23, 2007) (under state law, sheriff is state official, not county official); Thompson v. Duke, 882 F.2d 1180 (7th Cir.1989) (county not liable under § 1983 claim for failing to train sheriff's deputies); Meade v. Grubbs, 841 F.2d 1512 (10th Cir.1988) (supervisor's liability cannot be imputed under § 1983); Moy v. County of Cook, 159 Ill.2d 519 , 203 Ill.Dec. 776 , 640 N.E.2d 926 (1994) (sheriff is county officer not an employee of the county). [8] The County asserts the following as examples: (1) Receiving less favorable work assignments than male prosecutors. (2) Receiving lower pay and b 2008Feb.23, 2007) (under state law, sheriff is state official, not county official); Thompson v. Duke, 882 F.2d 1180 (7th Cir.1989) (county not liable under § 1983 claim for failing to train sheriff's deputies); Meade v. Grubbs, 841 F.2d 1512 (10th Cir.1988) (supervisor's liability cannot be imputed under § 1983); Moy v. County of Cook, 159 Ill.2d 519 , 203 Ill.Dec. 776 , 640 N.E.2d 926 (1994) (sheriff is county officer not an employee of the county). [8] The County asserts the following as examples: (1) Receiving less favorable work assignments than male prosecutors. (2) Receiving lower pay and b | 2 | 2008–2008 |
Board of the County Commissioners of Bryan County v. Brown
green
2 sentences2005However, a municipality is not liable under § 1983 "solely because it employs a tortfeasor." Bd. of County Comm'rs v. Brown, 520 U.S. 397, 403 , 117 S.Ct. 1382 , 137 L.Ed.2d 626 (1997). 2005However, a municipality is not liable under § 1983 "solely because it employs a tortfeasor." Bd. of County Comm'rs v. Brown, 520 U.S. 397, 403 , 117 S.Ct. 1382 , 137 L.Ed.2d 626 (1997). | 2 | 2005–2005 |
Sintra, Inc. v. City of Seattle
red
2 sentences2005Sintra, 119 Wash.2d at 11 , 829 P.2d 765 . 2005Sintra, 119 Wash.2d at 11 , 829 P.2d 765 . | 2 | 2005–2005 |
Nieto v. Kapoor
green
2 sentences2002Like the physician in Nieto v. Kapoor, 268 F.3d 1208 (10th Cir.2001), Dr. Guess argues he is not liable under § 1983 because he is not a Hospital employee. 2002Like the physician in Nieto v. Kapoor, 268 F.3d 1208 (10th Cir. 2001), Dr. Guess argues he is not liable under § 1983 because he is not a Hospital employee. | 2 | 2002–2002 |
Lugar v. Edmondson Oil Co.
green
2 sentences2002Lugar, 457 U.S. at 937 , 102 S.Ct. 2744 . 2002Lugar, 457 U.S. at 937 . | 2 | 2002–2002 |
Washington State Republican Party v. Public Disclosure Commission
green
1 sentence2017Republican Party, 141 Wn.2d at 286 . 2. | 1 | 2017–2017 |
Jones v. State, Dept. of Health
green
1 sentence2017In Jones, this court held that health inspectors could be liable under section 1983 for wrongfully fabricating evidence to suspend a pharmacist's license without a predeprivation hearing. 170 Wn.2d at 352 . | 1 | 2017–2017 |
Estelle v. Gamble
green
2 sentences2016It acknowledged an exception for persons that the State has involuntarily restrained, pointing to its decisions in Estelle v. Gamble, 429 U.S. 97 , 97 S. Ct. 285 , 50 L. 2016It acknowledged an exception for persons that the State has involuntarily restrained, pointing to its decisions in Estelle v. Gamble, 429 U.S. 97 , 97 S. Ct. 285 , 50 L. | 1 | 2016–2016 |
Mission Springs, Inc. v. City of Spokane
green
2 sentences1999Mission Springs, Inc. v. City of Spokane, 134 Wn.2d 947, 968 , 954 P.2d 250 (1998). 1999Mission Springs, Inc. v. City of Spokane, 134 Wn.2d 947, 968 , 954 P.2d 250 (1998). | 1 | 1999–1999 |
City of Canton v. Harris
red
1 sentence1992Canton, 489 U.S. at 385 . | 1 | 1992–1992 |
Mark v. Williams
green
1 sentence1989App. 182, 190 , 724 P.2d 428 , review denied, 107 Wn.2d 1015 (1986) *17 where an investigator for the state pharmacy board was held not liable under § 1983 where he had a "good faith and reasonable belief in the validity of the arrest". 5 Accordingly, it is necessary to remand the matter to the trial court for an award of attorney fees incurred below and for trial of the § 1983 claim. | 1 | 1989–1989 |
Brower v. Wells
green
2 sentences1986Cf. Brower v. Wells, 103 Wn.2d 96 , 690 P.2d 1144 (1984) (Yakima held liable under § 1983 for its actions pursuant to an unconstitutional state statute). 1986Cf. Brower v. Wells, 103 Wn.2d 96 , 690 P.2d 1144 (1984) (Yakima held liable under § 1983 for its actions pursuant to an unconstitutional state statute). | 1 | 1986–1986 |
Polk County v. Dodson
green
1 sentence1986Ed. 2d 509 , 102 S. Ct. 445 (1981), a local government is liable under § 1983 only for deprivations caused by unconstitutional policies or customs. | 1 | 1986–1986 |
Owen v. City of Independence
green
2 sentences1986See also Monell v. Department of Social Servs., supra (city liability under § 1983 premised on an unconstitutional city policy compelling women to take unpaid pregnancy leaves); Owen v. Independence, 445 U.S. 622 , 63 L. 1986See also Monell v. Department of Social Servs., supra (city liability under § 1983 premised on an unconstitutional city policy compelling women to take unpaid pregnancy leaves); Owen v. Independence, 445 U.S. 622 , 63 L. | 1 | 1986–1986 |
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.