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11 Alaska opinions name it 1 courts 1978–2020 0 in the last five years
The cases below were cited by Alaska 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 |
|---|---|---|
Monroe v. Papered2 sentences1979In our opinion in this case, reported in 575 P.2d 760 (Alaska 1978), we relied upon Monroe v. Pape, 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 (1961), together with Williford v. California, 352 F.2d 474 (9th Cir. 1965), for our conclusion that the University of Alaska is not a “person” which may be held liable in a suit under 42 U.S.C. § 1983 . 1 While this case was pending on petition for rehearing, that portion of Monroe v. Pape, supra, on which we relied was overruled in Monell v. New York Dept. of Social Services, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). 1979In our opinion in this case, reported in 575 P.2d 760 (Alaska 1978), we relied upon Monroe v. Pape, 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 (1961), together with Williford v. California, 352 F.2d 474 (9th Cir. 1965), for our conclusion that the University of Alaska is not a “person” which may be held liable in a suit under 42 U.S.C. § 1983 . 1 While this case was pending on petition for rehearing, that portion of Monroe v. Pape, supra, on which we relied was overruled in Monell v. New York Dept. of Social Services, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). | 1 | 3 |
Tracy v. State, Department of Health & Social Services, Office of Children Servicesgreen1 sentence2020Servs., Office of Children’s Servs., 279 P.3d 613, 618 (Alaska 2012) (noting that “individuals acting in their official capacity are immune from suit under § 1983”). -7- 1804 We do not need to reach the issue of whether the alleged violation was “flagrant.”15 Because Blair failed to state a claim that could result in the recovery of money damages, the court did not err in dismissing his claims for alleged torts or constitutional violations.16 B. | 1 | 1 |
City of Canton v. Harrisred2 sentences2011Hildebrandt v. City of Fairbanks (Hildebrandt II ), 957 P.2d 974, 977-78 (Alaska 1998) ("[Jloin[ing] the majority of the Courts of Appeals" and holding that "a 42 U.S.C. § 1983 claim based on a municipality's failure to train requires an underlying violation of constitutional rights."); see also City of Canton v. Harris, 489 U.S. 378, 380 , 109 S.Ct. 1197 , 103 L.Ed.2d 412 (1989) (deciding that a city may be liable under § 1983 for "constitutional violations resulting from its failure to train municipal employees"); Simmons v. Navajo Cnty. 609 F.3d 1011, 1021 (9th Cir.2010) ("Because we hold t 2011Hildebrandt v. City of Fairbanks (Hildebrandt II ), 957 P.2d 974, 977-78 (Alaska 1998) ("[Jloin[ing] the majority of the Courts of Appeals" and holding that "a 42 U.S.C. § 1983 claim based on a municipality's failure to train requires an underlying violation of constitutional rights."); see also City of Canton v. Harris, 489 U.S. 378, 380 , 109 S.Ct. 1197 , 103 L.Ed.2d 412 (1989) (deciding that a city may be liable under § 1983 for "constitutional violations resulting from its failure to train municipal employees"); Simmons v. Navajo Cnty. 609 F.3d 1011, 1021 (9th Cir.2010) ("Because we hold t | 1 | 1 |
Hildebrandt v. City of Fairbanksgreen1 sentence2011Hildebrandt v. City of Fairbanks (Hildebrandt II ), 957 P.2d 974, 977-78 (Alaska 1998) ("[Jloin[ing] the majority of the Courts of Appeals" and holding that "a 42 U.S.C. § 1983 claim based on a municipality's failure to train requires an underlying violation of constitutional rights."); see also City of Canton v. Harris, 489 U.S. 378, 380 , 109 S.Ct. 1197 , 103 L.Ed.2d 412 (1989) (deciding that a city may be liable under § 1983 for "constitutional violations resulting from its failure to train municipal employees"); Simmons v. Navajo Cnty. 609 F.3d 1011, 1021 (9th Cir.2010) ("Because we hold t | 1 | 1 |
Simmons v. Navajo County, Ariz.red1 sentence2011Hildebrandt v. City of Fairbanks (Hildebrandt II ), 957 P.2d 974, 977-78 (Alaska 1998) ("[Jloin[ing] the majority of the Courts of Appeals" and holding that "a 42 U.S.C. § 1983 claim based on a municipality's failure to train requires an underlying violation of constitutional rights."); see also City of Canton v. Harris, 489 U.S. 378, 380 , 109 S.Ct. 1197 , 103 L.Ed.2d 412 (1989) (deciding that a city may be liable under § 1983 for "constitutional violations resulting from its failure to train municipal employees"); Simmons v. Navajo Cnty. 609 F.3d 1011, 1021 (9th Cir.2010) ("Because we hold t | 1 | 1 |
Jackie Ray Cline v. George W. Rogers, Individually and in His Capacity as Sheriff of McMinn County and McMinn County, Tennesseegreen1 sentence1997Cline v. Rogers, 87 F.3d 176, 184 (6th Cir.1996), is similar to Polchowski The court held that a county sheriff who had allegedly disclosed protected criminal history records to a private citizen was not subject to suit under section 1983. | 1 | 1 |
Montoya v. City of Colorado Springsgreen1 sentence1991Thus, today “the extent to which a plaintiff in a § 1983 action must comply with the procedural preconditions established by state law is a subject gov *369 erned by federal law.” Montoya v. City of Colorado Springs, 770 P.2d 1358, 1364 (Colo.App.1989). 12 In Montoya , the Colorado Court of Appeals concluded, in a situation procedurally similar to that presented in this appeal, that, “[h]enee, quite irrespective whether state law would have required Montoya to appeal the Director’s administrative decision before instituting an action based upon state law, he was not required to exhaust any sta | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alaska. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wilder v. Virginia Hospital Assn.
yellow
2 sentences1993In response, ASHNHA argues that Wilder v. Virginia Hospital Association, 496 U.S. 498 , 110 S.Ct. 2510 , 110 L.Ed.2d 455 (1990), disposes of this issue as it expressly holds that providers need not exhaust their state administrative remedies prior to bringing § 1983 actions to enforce Boren. 1993In response, ASHNHA argues that Wilder v. Virginia Hospital Association, 496 U.S. 498 , 110 S.Ct. 2510 , 110 L.Ed.2d 455 (1990), disposes of this issue as it expressly holds that providers need not exhaust their state administrative remedies prior to bringing § 1983 actions to enforce Boren. | 2 | 1993–1993 |
Monell v. New York City Dept. of Social Servs.
green
2 sentences1979In our opinion in this case, reported in 575 P.2d 760 (Alaska 1978), we relied upon Monroe v. Pape, 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 (1961), together with Williford v. California, 352 F.2d 474 (9th Cir. 1965), for our conclusion that the University of Alaska is not a “person” which may be held liable in a suit under 42 U.S.C. § 1983 . 1 While this case was pending on petition for rehearing, that portion of Monroe v. Pape, supra, on which we relied was overruled in Monell v. New York Dept. of Social Services, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). 1979In our opinion in this case, reported in 575 P.2d 760 (Alaska 1978), we relied upon Monroe v. Pape, 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 (1961), together with Williford v. California, 352 F.2d 474 (9th Cir. 1965), for our conclusion that the University of Alaska is not a “person” which may be held liable in a suit under 42 U.S.C. § 1983 . 1 While this case was pending on petition for rehearing, that portion of Monroe v. Pape, supra, on which we relied was overruled in Monell v. New York Dept. of Social Services, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). | 2 | 1979–1979 |
United States v. Alabama
green
1 sentence2006United States v. Alabama, 791 F.2d 1450 , 1455 (11th Cir.1986) (declining to allow a state university to intervene in a § 1983 action brought by the United States against Alabama on the grounds that states could not sue themselves, but not objecting to the status of the United States as plaintiff under § 1983). | 1 | 2006–2006 |
Breard v. Greene
green
2 sentences2006Breard v. Greene, 523 U.S. 371, 378 , 118 S.Ct. 1352 , 140 L.Ed.2d 529 (1998). 2006Breard v. Greene, 523 U.S. 371, 378 , 118 S.Ct. 1352 , 140 L.Ed.2d 529 (1998). | 1 | 2006–2006 |
Mark Eilrich v. Bernard J. Remas
green
1 sentence1991We must consider the City’s further contention that under the reasoning of the Ninth Circuit’s opinion in Eilrich v. Remas, 839 F.2d 630 (9th Cir.1988), Diedrich’s section 1983 claims should be dismissed. | 1 | 1991–1991 |
Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics
green
2 sentences1988Bivens was an action for an alleged violation of the fourth amendment. 403 U.S. at 389 , 91 S.Ct. at 2001 , 29 L.Ed.2d at 622 . 1988Bivens was an action for an alleged violation of the fourth amendment. 403 U.S. at 389 , 91 S.Ct. at 2001 , 29 L.Ed.2d at 622 . | 1 | 1988–1988 |
State v. Green
green
1 sentence1988In State v. Green, 633 P.2d 1381 (Alaska 1981) (per curiam), we held that a state is not a “person” subject to suit under section 1983. | 1 | 1988–1988 |
Williford v. People
green
1 sentence1979In our opinion in this case, reported in 575 P.2d 760 (Alaska 1978), we relied upon Monroe v. Pape, 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 (1961), together with Williford v. California, 352 F.2d 474 (9th Cir. 1965), for our conclusion that the University of Alaska is not a “person” which may be held liable in a suit under 42 U.S.C. § 1983 . 1 While this case was pending on petition for rehearing, that portion of Monroe v. Pape, supra, on which we relied was overruled in Monell v. New York Dept. of Social Services, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). | 1 | 1979–1979 |
Brown v. Wood
green
2 sentences1979Upon remand, the Superior Court shall be guided by the principles set forth in Monell, supra, and our earlier opinion, 575 P.2d at 766 , shall be considered modified accordingly- BURKE, J., not participating. 1 . 1979In our opinion in this case, reported in 575 P.2d 760 (Alaska 1978), we relied upon Monroe v. Pape, 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 (1961), together with Williford v. California, 352 F.2d 474 (9th Cir. 1965), for our conclusion that the University of Alaska is not a “person” which may be held liable in a suit under 42 U.S.C. § 1983 . 1 While this case was pending on petition for rehearing, that portion of Monroe v. Pape, supra, on which we relied was overruled in Monell v. New York Dept. of Social Services, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). | 1 | 1979–1979 |
City of Kenosha v. Bruno
green
2 sentences1978This reasoning has been subsequently rendered invalid under City of Kenosha v. Bruno, 412 U.S. 507 , 93 S.Ct. 2222 , 37 L.Ed.2d 109 (1973), in which it was held that municipalities (and, therefore, by extension, other government entities) are always immune from suit under § 1983, regardless of the form of relief sought. 1978This reasoning has been subsequently rendered invalid under City of Kenosha v. Bruno, 412 U.S. 507 , 93 S.Ct. 2222 , 37 L.Ed.2d 109 (1973), in which it was held that municipalities (and, therefore, by extension, other government entities) are always immune from suit under § 1983, regardless of the form of relief sought. | 1 | 1978–1978 |
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.