section 1983 civil rights action (Illinois) · Go Syfert
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section 1983 civil rights action in Illinois

22 Illinois opinions name it 2 courts 1976–2022 4 in the last five years

The cases below were cited by Illinois 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 (8)

CaseFollowedCited
Haines v. Kernergreen
scotus · 1972 · cited in 2 Illinois opinions naming this issue, 2020–2021
2 sentences

2021Webb v. Lane, 222 Ill. App. 3d 322, 327 (1991) (citing Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam)). ¶ 57 A civil rights complaint under section 1983 can be brought when a person whose conduct, under color of state law, has deprived another of any rights, privileges, or immunities secured by the constitution and laws.

2020App. 3d 322, 327 (1991) (citing Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam)). ¶ 57 A civil rights complaint under section 1983 can be brought when a person whose conduct, under color of state law, has deprived another of any rights, privileges, or immunities secured by the constitution and laws.

22
Monroe v. Papered
scotus · 1961 · cited in 2 Illinois opinions naming this issue, 2001–2001
2 sentences

2001See Monroe v. Pape, 365 U.S. 167, 180 , 5 L.

2001See Monroe v. Pape, 365 U.S. 167, 180 , 5 L.

22
Richard E. Maxwell v. The City of Indianapolis, Sergeant Harry Gurnell, Officer Dennis Rahn, and Officer George Diehlgreen
ca7 · 1993 · cited in 2 Illinois opinions naming this issue, 1999–1999
2 sentences

1999See Maxwell v. City of Indianapolis, 998 F.2d 431, 434 (7th Cir. 1993).

1999See Maxwell v. City of Indianapolis , 998 F.2d 431, 434 (7th Cir. 1993).

22
Webb v. Lanegreen
illappct · 1991 · cited in 3 Illinois opinions naming this issue, 1998–2021
2 sentences

2021Webb v. Lane, 222 Ill. App. 3d 322, 327 (1991) (citing Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam)). ¶ 57 A civil rights complaint under section 1983 can be brought when a person whose conduct, under color of state law, has deprived another of any rights, privileges, or immunities secured by the constitution and laws.

1998Webb, 222 Ill.

13
Bilski v. Walkergreen
illappct · 2009 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022Official Capacity Claims against Defendants ¶ 25 Section 1983 protects citizens’ constitutional rights, privileges, and immunities from being infringed upon by state actors by allowing a plaintiff to bring a civil rights claim for deprivation of constitutional or statutory rights under the color of law. 42 U.S.C. § 1983 (2012); Bilski v. Walker, 392 Ill.

11
Porter v. Nusslegreen
scotus · 2002 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021See, e.g., Porter v. Nussle, 534 U.S. 516, 523 (2002) (explaining plaintiffs, other than state prisoners, who are pursuing civil rights claims under section 1983 need not exhaust administrative remedies before filing suit in court); Dempsey v. Johnson, 2016 IL App (1st) 153377, ¶ 48 , 69 N.E.3d 236 (“The language and purpose of section 29-17, which is modeled after section 1983 of the Civil Rights Act ( 42 U.S.C. § 1983 (2012)), creates a private cause of action -4- for violations of an individual’s election-related federal and state constitutional rights.”).

11
Dike v. School Board Of Orange Countygreen
ca5 · 1981 · cited in 1 Illinois opinions naming this issue, 1983–1983
2 sentences

1983See Harris v. Pirch (8th Cir.1982), 677 F.2d 681, 689 (reversal of the judgment for the plaintiff in a civil rights action under section 1983 negated the award of attorney fees under section 1988 to the plaintiff as the prevailing party in the suit); Dike v. School Board (5th Cir.1981), 650 F.2d 783, 787-88 (reversal of the district court's dismissal of the plaintiff's section 1983 suit requires the reversal of the section 1988 award of attorney fees to the defendant as the prevailing party).

1983See Harris v. Pirch (8th Cir. 1982), 677 F.2d 681 , 689 (reversal of the judgment for the plaintiff in a civil rights action under section 1983 negated the award of attorney, fees under section 1988 to the plaintiff as the prevailing party in the suit); Dike v. School Board (5th Cir. 1981), 650 F.2d 783 , 787-88 (reversal of the district court’s dismissal of the plaintiff’s section 1983 suit requires the reversal of the section 1988 award of attorney fees to the defendant as the prevailing party).

11
Harris v. Pirchgreen
ca8 · 1982 · cited in 1 Illinois opinions naming this issue, 1983–1983
2 sentences

1983See Harris v. Pirch (8th Cir.1982), 677 F.2d 681, 689 (reversal of the judgment for the plaintiff in a civil rights action under section 1983 negated the award of attorney fees under section 1988 to the plaintiff as the prevailing party in the suit); Dike v. School Board (5th Cir.1981), 650 F.2d 783, 787-88 (reversal of the district court's dismissal of the plaintiff's section 1983 suit requires the reversal of the section 1988 award of attorney fees to the defendant as the prevailing party).

1983See Harris v. Pirch (8th Cir. 1982), 677 F.2d 681 , 689 (reversal of the judgment for the plaintiff in a civil rights action under section 1983 negated the award of attorney, fees under section 1988 to the plaintiff as the prevailing party in the suit); Dike v. School Board (5th Cir. 1981), 650 F.2d 783 , 787-88 (reversal of the district court’s dismissal of the plaintiff’s section 1983 suit requires the reversal of the section 1988 award of attorney fees to the defendant as the prevailing party).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (14)

CaseCitedYears
River Park, Inc. v. City of Highland Park green
ill · 1998
2 sentences

2022River Park, 184 Ill. 2d at 292 .

2015River Park, 184 Ill. 2d at 297-98 .

32015–2022
Dorner v. Illinois Civil Service Commission neutral
illappct · 1980
2 sentences

2001Relying on Domer v. Illinois Civil Service Comm’n, 85 Ill.

2001Relying on Dorner v. Illinois Civil Service Comm'n , 85 Ill.

22001–2001
Kucinsky v. Pfister green
illappct · 2020
1 sentence

2022Kucinsky, 2020 IL App (3d) 170719, ¶ 34 . ¶ 22 A. Section 1983 Claims ¶ 23 In counts I, II, and III, Hodges alleged that defendants violated his constitutional rights under section 1983 in both their official and individual capacities in that they (1) acted with deliberate indifference to his medical needs in violation of his eighth amendment rights by taking his prescription medication and his medical braces, (2) retaliated against him for exercising his 7 first amendment rights by destroying his legal documents, and (3) failed to intervene to protect his constitutional rights. ¶ 24 1.

12022–2022
Dempsey v. Johnson green
illappct · 2016
2 sentences

2021See, e.g., Porter v. Nussle, 534 U.S. 516, 523 (2002) (explaining plaintiffs, other than state prisoners, who are pursuing civil rights claims under section 1983 need not exhaust administrative remedies before filing suit in court); Dempsey v. Johnson, 2016 IL App (1st) 153377, ¶ 48 , 69 N.E.3d 236 (“The language and purpose of section 29-17, which is modeled after section 1983 of the Civil Rights Act ( 42 U.S.C. § 1983 (2012)), creates a private cause of action -4- for violations of an individual’s election-related federal and state constitutional rights.”).

2021See, e.g., Porter v. Nussle, 534 U.S. 516, 523 (2002) (explaining plaintiffs, other than state prisoners, who are pursuing civil rights claims under section 1983 need not exhaust administrative remedies before filing suit in court); Dempsey v. Johnson, 2016 IL App (1st) 153377, ¶ 48 , 69 N.E.3d 236 (“The language and purpose of section 29-17, which is modeled after section 1983 of the Civil Rights Act ( 42 U.S.C. § 1983 (2012)), creates a private cause of action -4- for violations of an individual’s election-related federal and state constitutional rights.”).

12021–2021
Thomas v. Walton green
ilsd · 2006
1 sentence

2013Assuming for the sake of argument that the alleged retaliation amounts to a cognizable violation of Thomas’s constitutional rights under 42 U.S.C. § 1983 , Thomas has failed to produce evidence of retaliatory intent sufficient to withstand summary judgment.” Thomas, 461 F. Supp. 2d at 796-97 . ¶ 41 In the present case, in granting defendants’ motion for summary judgment, the trial court relied on this dicta from Thomas.

12013–2013
Illinois Municipal League Risk Management Ass'n v. Seibert green
illappct · 1992
1 sentence

1994App. 3d 864, 871 , 585 N.E.2d 1130, 1135 , a police officer was sued, along with other officers and the City of Mattoon, for violation of an arrestee’s civil rights under section 1983 of the Civil Rights Act. ( 42 U.S.C. § 1983 (1988).) The arrestee alleged both constitutional violations and punitive damages claims against all parties.

11994–1994
Owens v. Okure green
scotus · 1989
2 sentences

1992Kalimara v. Illinois Department of Corrections (7th Cir. 1989), 879 F.2d 276, 277 , citing Owens v. Okure (1989), 488 U.S. 235 , 102 L.

1992Kalimara v. Illinois Department of Corrections (7th Cir. 1989), 879 F.2d 276, 277 , citing Owens v. Okure (1989), 488 U.S. 235 , 102 L.

11992–1992
Kwame Kalimara v. Illinois Department of Corrections, Michael P. Lane, Richard Derobertis, Michael O'leary, and Vernell Willis green
ca7 · 1989
1 sentence

1992Kalimara v. Illinois Department of Corrections (7th Cir. 1989), 879 F.2d 276, 277 , citing Owens v. Okure (1989), 488 U.S. 235 , 102 L.

11992–1992
Salkin v. Washington green
ilnd · 1986
2 sentences

1989Ill. 1986), 628 F. Supp. 138 .) Further, a municipal officer may be sued individually for violating a person's rights under section 1983 of the Civil Rights Act ( 42 U.S.C. § 1983 (1982)). ( Salkin v. Washington (N.D.

1989Ill. 1986), 628 F. Supp. 138 .) Further, a municipal officer may be sued individually for violating a person’s rights under section 1983 of the Civil Rights Act ( 42 U.S.C. §1983 (1982)).

11989–1989
Cashman v. Shinn green
illappct · 1982
1 sentence

1989It is well established that the loss of a position of employment which is held at will, and, therefore, not held as a matter of right, does not deprive a person of liberty or property in violation of section 1983 of the Civil Rights Act ( 42 U.S.C. § 1983 (1982)). ( Cashman v. Shinn (1982), 109 Ill.

11989–1989
Alberty v. Daniel green
illappct · 1974
2 sentences

1987App. 3d 291 , 323 N.E.2d 110 .

1987As the defendants acknowledge, Illinois courts have concurrent jurisdiction with Federal courts in adjudicating section 1983 civil rights actions. 42 U.S.C. sec. 1983 (1982); Alberty v. Daniel (1974), 25 Ill.

11987–1987
Parkway Bank & Trust v. City of Darien green
illappct · 1976
1 sentence

1983(Parkway Bank & Trust Co. v. City of Darien (1976), 43 Ill.

11983–1983
Imbler v. Pachtman green
scotus · 1976
2 sentences

1980That provision creates a species of tort liability in the alleged “constitutional tortfeasor.” (Imbler v. Pachtman (1976), 424 U.S. 409, 417 , 47 L.

1980That provision creates a species of tort liability in the alleged “constitutional tortfeasor.” (Imbler v. Pachtman (1976), 424 U.S. 409, 417 , 47 L.

11980–1980
Ramos v. Armstrong green
illappct · 1972
1 sentence

1976While we have found cases involving other circumstances than the common garden variety of tort actions for negligence arising out of accidental injury, where the notice provisions of the Act have been applicable (false arrest—Ramos v. Armstrong (1972), 8 Ill.

11976–1976

Statutes the citing opinions construe

USC § 42u.s.c.1983 (22) IL § 735 ILCS 5/2-619.1 (5) IL § 745 ILCS 5/1 (3) USC § 42u.s.c.1988 (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

NY 100 (1979–2024) CA 74 (1977–2025) TX 49 (1980–2025) PA 44 (1982–2025) NJ 28 (1980–2026) OH 26 (1973–2026) CT 24 (1980–2025) WA 23 (1989–2026) IL 22 (1976–2022) LA 19 (1985–2018) WV 19 (1978–2024) MD 18 (1984–2017) IN 17 (1980–2024) MA 16 (1982–2009) NM 13 (1985–2015) FL 12 (1983–2025) CO 12 (1987–2025) AL 11 (1981–2016) OR 11 (1981–2026) WY 11 (1983–2022) VT 9 (1990–2025) ME 9 (1981–2026) AZ 9 (1975–2022) KS 9 (1978–2020) ID 9 (1985–2022) RI 9 (1984–2010) DC 7 (1980–2018) TN 7 (1992–2019) NC 7 (1987–2016) MO 7 (1986–2016) KY 7 (1977–2023) NV 6 (1994–2015) SD 6 (1985–2004) GA 6 (1988–2001) AR 6 (1993–2023) NE 5 (1990–2022) OK 5 (1994–2010) MI 5 (1979–2016) WI 5 (1987–2003) ND 5 (1991–2022) AK 5 (1978–2021) UT 4 (1993–2019) MN 4 (2003–2026) SC 4 (1994–2021) VA 4 (1989–2026) IA 4 (1996–2024) MT 4 (1987–2026) HI 3 (1986–2015) DE 3 (2018–2021) VI 3 (1986–2012) MS 2 (1987–2016)

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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