section 1983 held liable (Washington) · Go Syfert
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section 1983 held liable in Washington

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.

Followed or applied (7)

CaseFollowedCited
Washington v. Wilmoregreen
ca4 · 2005 · cited in 2 Washington opinions naming this issue, 2010–2010
2 sentences

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").

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”).

22
Howard L. Wyatt v. Bill Cole, John Robbins, IIgreen
ca5 · 1993 · cited in 2 Washington opinions naming this issue, 2002–2002
2 sentences

2002Wyatt 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.

22
Monell v. New York City Dept. of Social Servs.green
scotus · 1978 · cited in 6 Washington opinions naming this issue, 1984–2024
2 sentences

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.

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.

16
Jordan v. Fox, Rothschild, O'Brien & Frankelgreen
ca3 · 1994 · cited in 2 Washington opinions naming this issue, 2002–2002
2 sentences

2002Wyatt 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.

12
Romanski v. Detroit Entertainment, L.L.C.green
ca6 · 2005 · cited in 1 Washington opinions naming this issue, 2025–2025
1 sentence

2025A “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 .

11
DeShaney v. Winnebago County Department of Social Servicesgreen
scotus · 1989 · cited in 1 Washington opinions naming this issue, 2016–2016
1 sentence

2016Id. 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.

11
Gray v. University of Colorado Hospital Authoritygreen
ca10 · 2012 · cited in 1 Washington opinions naming this issue, 2016–2016
1 sentence

2016It 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.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (17)

CaseCitedYears
Zaher Zahrey v. Martin E. Coffey green
ca2 · 2000
2 sentences

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").

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”).

22010–2010
Kenneth Ray Meade v. Grubbs, Badge No. 128, Individually and as a Deputy Sheriff of the County of Oklahoma red
ca10 · 1988
2 sentences

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

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).

22008–2008
Thompson v. Duke green
ca7 · 1989
2 sentences

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

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).

22008–2008
Moy v. County of Cook green
ill · 1994
2 sentences

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

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

22008–2008
Board of the County Commissioners of Bryan County v. Brown green
scotus · 1997
2 sentences

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).

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).

22005–2005
Sintra, Inc. v. City of Seattle red
wash · 1992
2 sentences

2005Sintra, 119 Wash.2d at 11 , 829 P.2d 765 .

2005Sintra, 119 Wash.2d at 11 , 829 P.2d 765 .

22005–2005
Nieto v. Kapoor green
ca10 · 2001
2 sentences

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.

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.

22002–2002
Lugar v. Edmondson Oil Co. green
scotus · 1982
2 sentences

2002Lugar, 457 U.S. at 937 , 102 S.Ct. 2744 .

2002Lugar, 457 U.S. at 937 .

22002–2002
Washington State Republican Party v. Public Disclosure Commission green
wash · 2000
1 sentence

2017Republican Party, 141 Wn.2d at 286 . 2.

12017–2017
Jones v. State, Dept. of Health green
wash · 2010
1 sentence

2017In 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 .

12017–2017
Estelle v. Gamble green
scotus · 1976
2 sentences

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.

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.

12016–2016
Mission Springs, Inc. v. City of Spokane green
wash · 1998
2 sentences

1999Mission 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).

11999–1999
City of Canton v. Harris red
scotus · 1989
1 sentence

1992Canton, 489 U.S. at 385 .

11992–1992
Mark v. Williams green
washctapp · 1986
1 sentence

1989App. 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.

11989–1989
Brower v. Wells green
wash · 1984
2 sentences

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).

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).

11986–1986
Polk County v. Dodson green
scotus · 1981
1 sentence

1986Ed. 2d 509 , 102 S. Ct. 445 (1981), a local government is liable under § 1983 only for deprivations caused by unconstitutional policies or customs.

11986–1986
Owen v. City of Independence green
scotus · 1980
2 sentences

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.

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.

11986–1986

Statutes the citing opinions construe

USC § 42u.s.c.1983 (24) USC § 42u.s.c.1988 (9) WA § Wash. Rev. Code § 2.06.040 (3) WA § Wash. Rev. Code § 5.60.060 (3)

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.

Where else courts name it

CA 67 (1980–2026) TX 65 (1983–2025) NY 61 (1977–2026) OH 31 (1990–2022) PA 29 (1988–2025) MA 26 (1981–2025) IL 26 (1976–2026) NJ 26 (1986–2026) WA 24 (1984–2025) MI 22 (1965–2022) GA 20 (1982–2015) CO 17 (1976–2026) MS 15 (1992–2026) LA 14 (1987–2023) FL 13 (1985–2017) AZ 12 (1994–2018) NC 10 (1995–2018) AL 10 (1987–2016) TN 10 (1994–2024) NE 10 (2001–2022) MD 9 (1985–2020) ID 8 (1982–2013) ME 8 (1995–2022) IA 8 (1983–2019) AR 8 (1998–2026) AK 8 (1977–2021) MO 8 (1981–2007) DC 7 (1991–2023) MT 7 (1991–2022) MN 6 (1981–2014) WV 6 (1996–2023) CT 6 (1990–2026) OR 5 (1987–2015) OK 5 (1994–2010) NM 5 (1998–2023) SC 4 (1991–2020) UT 4 (2010–2024) SD 4 (1993–2021) NV 4 (1995–2020) DE 4 (2017–2026) VT 4 (1996–2026) IN 4 (1982–2011) RI 3 (1989–2001) VA 3 (1989–2011) WI 3 (1995–2023) ND 2 (2006–2018) WY 2 (1983–2018)

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.

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