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14 Pennsylvania opinions name it 4 courts 1987–2025 3 in the last five years
The cases below were cited by Pennsylvania 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 |
|---|---|---|
Monell v. New York City Dept. of Social Servs.green2 sentences2025Servs., 436 U.S. 658, 694 (1978) (explaining local governments may be sued under 42 U.S.C. § 1983 “when execution of a government’s policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury”). 8 Dep’t of Health & Hum. 1988Further, the Monell Court made equally clear that “a local government may not be sued under Section 1983 for an injury inflicted solely by its employees or agents.” Id. at 694 . | 3 | 6 |
Will v. Michigan Department of State Policegreen2 sentences2024Furthermore, “the Eleventh Amendment to the United States Constitution shields states and state officials acting in their official capacity from Section 1983 actions.” Heinly v. Com., 621 A.2d 1212 , 1214 n.2 (Pa. Cmwlth. 1993) (citing Will, 491 U.S. 58 ). 2018Will v. Michigan Department of State Police , 491 U.S. 58 , 64-71, 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989) ; Flagg v. International Union, Security, Police, Fire Professionals of America, Local 506 , 146 A.3d 300 , 305-07 (Pa. Cmwlth. 2016) ; Pennsylvania Workers' Compensation Judges Professional Association v. Executive Board of Commonwealth , 39 A.3d 486 , 493 (Pa. Cmwlth. 2012), aff'd without op. , 620 Pa. 217 , 66 A.3d 765 (Pa. 2013) ; Association of Settlement Companies v. Department of Banking , 977 A.2d 1257 , 1264 (Pa. Cmwlth. 2009) ( en banc ); Verrichia v. Department of Revenue , 162 | 1 | 3 |
Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human Resourcesgreen1 sentence2025Res., 532 U.S. 598, 601 (2001). | 1 | 1 |
G. Watkins v. PA DOC, Secretary, John Wetzel, Superintendent Robert Gilmoregreen2 sentences2024Watkins, 196 A.3d at 275 . 2024A state or state agency, however, is not a “person” under Section 1983 and cannot be sued under Section 1983 for violation of federal constitutional rights.” Watkins v. Pa. Dep’t of Corr., 196 A.3d 272, 274-75 (Pa. Cmwlth. 2018) (cleaned up). | 1 | 1 |
Plumhoff v. Rickardgreen1 sentence2020See Plumhoff v. Rickard, 572 U.S. 765, 778 (2014) (“An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”) (internal quotation marks omitted). | 1 | 1 |
Edelman v. Jordanred2 sentences1994See Will, 491 U.S. at 71 n. 10, 109 S.Ct. at 2311 n. 10, 105 L.Ed.2d at 58 n. 10. “[0]f course, a state official sued in his or her official capacity for injunctive relief would be a person under Section 1983 because ‘official capacity actions for prospective relief are not treated as actions against the State’ ” Edelman v. Jordan, 415 U.S. 651 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974). 1994See Will, 491 U.S. at 71 n. 10, 109 S.Ct. at 2311 n. 10, 105 L.Ed.2d at 58 n. 10. “[0]f course, a state official sued in his or her official capacity for injunctive relief would be a person under Section 1983 because ‘official capacity actions for prospective relief are not treated as actions against the State’ ” Edelman v. Jordan, 415 U.S. 651 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lindke v. Freed
green
1 sentence2025Ultimately, in an opinion authored by Justice Amy Coney Barrett, the High Court concluded that “a government official[’s] posts about job-related topics on social media . . . is attributable to the State only if the official (1) possessed actual authority to speak on the State's behalf, and (2) purported to exercise that authority when he spoke on social media.” Lindke, 601 U.S. at 191 . | 1 | 2025–2025 |
Heinly v. Commonwealth
green
1 sentence2024Furthermore, “the Eleventh Amendment to the United States Constitution shields states and state officials acting in their official capacity from Section 1983 actions.” Heinly v. Com., 621 A.2d 1212 , 1214 n.2 (Pa. Cmwlth. 1993) (citing Will, 491 U.S. 58 ). | 1 | 2024–2024 |
Association of Settlement Companies v. Department of Banking
green
1 sentence2018Will v. Michigan Department of State Police , 491 U.S. 58 , 64-71, 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989) ; Flagg v. International Union, Security, Police, Fire Professionals of America, Local 506 , 146 A.3d 300 , 305-07 (Pa. Cmwlth. 2016) ; Pennsylvania Workers' Compensation Judges Professional Association v. Executive Board of Commonwealth , 39 A.3d 486 , 493 (Pa. Cmwlth. 2012), aff'd without op. , 620 Pa. 217 , 66 A.3d 765 (Pa. 2013) ; Association of Settlement Companies v. Department of Banking , 977 A.2d 1257 , 1264 (Pa. Cmwlth. 2009) ( en banc ); Verrichia v. Department of Revenue , 162 | 1 | 2018–2018 |
T. Flagg v. Int'l Union, Security, Police, Fire Professionals of America, Local 506
green
1 sentence2018Will v. Michigan Department of State Police , 491 U.S. 58 , 64-71, 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989) ; Flagg v. International Union, Security, Police, Fire Professionals of America, Local 506 , 146 A.3d 300 , 305-07 (Pa. Cmwlth. 2016) ; Pennsylvania Workers' Compensation Judges Professional Association v. Executive Board of Commonwealth , 39 A.3d 486 , 493 (Pa. Cmwlth. 2012), aff'd without op. , 620 Pa. 217 , 66 A.3d 765 (Pa. 2013) ; Association of Settlement Companies v. Department of Banking , 977 A.2d 1257 , 1264 (Pa. Cmwlth. 2009) ( en banc ); Verrichia v. Department of Revenue , 162 | 1 | 2018–2018 |
Pennsylvania Workers' Compensation Judges Professional Ass'n v. Executive Board of the Commonwealth
green
1 sentence2018Will v. Michigan Department of State Police , 491 U.S. 58 , 64-71, 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989) ; Flagg v. International Union, Security, Police, Fire Professionals of America, Local 506 , 146 A.3d 300 , 305-07 (Pa. Cmwlth. 2016) ; Pennsylvania Workers' Compensation Judges Professional Association v. Executive Board of Commonwealth , 39 A.3d 486 , 493 (Pa. Cmwlth. 2012), aff'd without op. , 620 Pa. 217 , 66 A.3d 765 (Pa. 2013) ; Association of Settlement Companies v. Department of Banking , 977 A.2d 1257 , 1264 (Pa. Cmwlth. 2009) ( en banc ); Verrichia v. Department of Revenue , 162 | 1 | 2018–2018 |
Pennsylvania Workers' Compensation Judges Professional Ass'n v. Executive Board of the Commonwealth
neutral
1 sentence2018Will v. Michigan Department of State Police , 491 U.S. 58 , 64-71, 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989) ; Flagg v. International Union, Security, Police, Fire Professionals of America, Local 506 , 146 A.3d 300 , 305-07 (Pa. Cmwlth. 2016) ; Pennsylvania Workers' Compensation Judges Professional Association v. Executive Board of Commonwealth , 39 A.3d 486 , 493 (Pa. Cmwlth. 2012), aff'd without op. , 620 Pa. 217 , 66 A.3d 765 (Pa. 2013) ; Association of Settlement Companies v. Department of Banking , 977 A.2d 1257 , 1264 (Pa. Cmwlth. 2009) ( en banc ); Verrichia v. Department of Revenue , 162 | 1 | 2018–2018 |
Pennsylvania Workers' Compensation Judges Professional Ass'n v. Executive Board of the Commonwealth
neutral
1 sentence2018Will v. Michigan Department of State Police , 491 U.S. 58 , 64-71, 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989) ; Flagg v. International Union, Security, Police, Fire Professionals of America, Local 506 , 146 A.3d 300 , 305-07 (Pa. Cmwlth. 2016) ; Pennsylvania Workers' Compensation Judges Professional Association v. Executive Board of Commonwealth , 39 A.3d 486 , 493 (Pa. Cmwlth. 2012), aff'd without op. , 620 Pa. 217 , 66 A.3d 765 (Pa. 2013) ; Association of Settlement Companies v. Department of Banking , 977 A.2d 1257 , 1264 (Pa. Cmwlth. 2009) ( en banc ); Verrichia v. Department of Revenue , 162 | 1 | 2018–2018 |
Verrichia v. Com., Dept. of Revenue
green
2 sentences2018Will v. Michigan Department of State Police , 491 U.S. 58 , 64-71, 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989) ; Flagg v. International Union, Security, Police, Fire Professionals of America, Local 506 , 146 A.3d 300 , 305-07 (Pa. Cmwlth. 2016) ; Pennsylvania Workers' Compensation Judges Professional Association v. Executive Board of Commonwealth , 39 A.3d 486 , 493 (Pa. Cmwlth. 2012), aff'd without op. , 620 Pa. 217 , 66 A.3d 765 (Pa. 2013) ; Association of Settlement Companies v. Department of Banking , 977 A.2d 1257 , 1264 (Pa. Cmwlth. 2009) ( en banc ); Verrichia v. Department of Revenue , 162 2018Will v. Michigan Department of State Police , 491 U.S. 58 , 64-71, 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989) ; Flagg v. International Union, Security, Police, Fire Professionals of America, Local 506 , 146 A.3d 300 , 305-07 (Pa. Cmwlth. 2016) ; Pennsylvania Workers' Compensation Judges Professional Association v. Executive Board of Commonwealth , 39 A.3d 486 , 493 (Pa. Cmwlth. 2012), aff'd without op. , 620 Pa. 217 , 66 A.3d 765 (Pa. 2013) ; Association of Settlement Companies v. Department of Banking , 977 A.2d 1257 , 1264 (Pa. Cmwlth. 2009) ( en banc ); Verrichia v. Department of Revenue , 162 | 1 | 2018–2018 |
Middlesex County Sewerage Authority v. National Sea Clammers Assn.
green
2 sentences1997Middlesex County Sewerage Authority v. National Sea Clammers Association, 453 U.S. 1 , 101 S.Ct. 2615 (1981). 1997Middlesex County Sewerage Authority v. National Sea Clammers Association, 453 U.S. 1 , 101 S.Ct. 2615 (1981). | 1 | 1997–1997 |
Bello v. Walker
red
1 sentence1995In Bello v. Walker, 840 F.2d 1124 (3d Cir.1988), cert denied, 488 U.S. 851 , 109 S.Ct. 134 , 102 L.Ed.2d 107 (1988), the plaintiffs sued the defendants under Section 1983 for violations of their constitutional rights to due process and equal protection. | 1 | 1995–1995 |
Walker v. Bello
green
2 sentences1995In Bello v. Walker, 840 F.2d 1124 (3d Cir.1988), cert denied, 488 U.S. 851 , 109 S.Ct. 134 , 102 L.Ed.2d 107 (1988), the plaintiffs sued the defendants under Section 1983 for violations of their constitutional rights to due process and equal protection. 1995In Bello v. Walker, 840 F.2d 1124 (3d Cir.1988), cert denied, 488 U.S. 851 , 109 S.Ct. 134 , 102 L.Ed.2d 107 (1988), the plaintiffs sued the defendants under Section 1983 for violations of their constitutional rights to due process and equal protection. | 1 | 1995–1995 |
Khalil v. University of Medicine & Dentistry of New Jersey-New Jersey Medical School
green
1 sentence1995In Bello v. Walker, 840 F.2d 1124 (3d Cir.1988), cert denied, 488 U.S. 851 , 109 S.Ct. 134 , 102 L.Ed.2d 107 (1988), the plaintiffs sued the defendants under Section 1983 for violations of their constitutional rights to due process and equal protection. | 1 | 1995–1995 |
Briscoe v. LaHue
green
2 sentences1988We dismiss that argument as the United States Supreme Court dismissed a similar argument in Briscoe v. Lahue, supra. In that case, where police officers were being sued under 42 U.S.C. § 1983 which allows convicted persons to assert damage claims against police officers who gave perjured testimony at their trials, the Court noted that the immunity analysis rests on "functional categories," not on the status of the witness. 460 U.S. at 342 , 103 S.Ct. at 1119 . 1988We dismiss that argument as the United States Supreme Court dismissed a similar argument in Briscoe v. Lahue, supra. In that case, where police officers were being sued under 42 U.S.C. § 1983 which allows convicted persons to assert damage claims against police officers who gave perjured testimony at their trials, the Court noted that the immunity analysis rests on "functional categories," not on the status of the witness. 460 U.S. at 342 , 103 S.Ct. at 1119 . | 1 | 1988–1988 |
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.