section 1983 state a claim (Illinois) · Go Syfert
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section 1983 state a claim in Illinois

11 Illinois opinions name it 2 courts 1977–2023 1 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 (3)

CaseFollowedCited
Fellhauer v. City of Genevagreen
ill · 1991 · cited in 2 Illinois opinions naming this issue, 2016–2017
2 sentences

2017Fellhauer v. City of Geneva, 142 Ill. 2d 495, 514 (1991) (citing Gomez v. Toledo, 446 U.S. 635, 640 (1980)).

2016Fellhauer v. City of Geneva, 142 Ill. 2d 495, 514 (1991) (citing Gomez v. Toledo, 446 U.S. 635, 640 (1980)).

22
Gomez v. Toledogreen
scotus · 1980 · cited in 2 Illinois opinions naming this issue, 2016–2017
2 sentences

2017Fellhauer v. City of Geneva, 142 Ill. 2d 495, 514 (1991) (citing Gomez v. Toledo, 446 U.S. 635, 640 (1980)).

2016Fellhauer v. City of Geneva, 142 Ill. 2d 495, 514 (1991) (citing Gomez v. Toledo, 446 U.S. 635, 640 (1980)).

22
Little v. City of North Miamigreen
ca11 · 1986 · cited in 1 Illinois opinions naming this issue, 1991–1991
1 sentence

1991(Little, 805 F.2d at 965.) Local governmental bodies and local officials in their official capacity can be sued under section 1983 when plaintiffs can establish that they have suffered a constitutional deprivation as a result of either “a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers” or a governmental “custom” even though that custom was not formally approved through official channels.

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 (7)

CaseCitedYears
Bodine v. Elkhart County Election Board green
ca7 · 1986
2 sentences

2002Bodine , 788 F.2d at 1272 .

2002Bodine, 788 F.2d at 1272 .

22002–2002
Carr v. Koch green
ill · 2012
1 sentence

2023Id., (citing Illinois Graphics Co. v. Nickum, 159 Ill 2d 469, 494 (1994)). ¶ 23 To state a claim under section 1983 a plaintiff must allege that: (1) the defendant’s actions deprived him of a federal constitutional right; and (2) the defendant was acting under the color of state law when engaging in the conduct complained of.

12023–2023
Will v. Michigan Department of State Police green
scotus · 1989
1 sentence

1994The U.S. Supreme Court has held in Will v. Michigan Department of State Police (1989), 109 S. Ct. 2304 that “neither a State nor its officials acting in their official capacities are persons under §1983.” As Claimant fails to state a claim under section 1983, count III must be dismissed.

11994–1994
Shapiro v. Thompson red
scotus · 1969
2 sentences

1993Aside from the alleged State-created right, plaintiffs also baldly assert that, like the inviolable right of interstate travel (Shapiro v. Thompson (1969), 394 U.S. 618 , 22 L.

1993Aside from the alleged State-created right, plaintiffs also baldly assert that, like the inviolable right of interstate travel (Shapiro v. Thompson (1969), 394 U.S. 618 , 22 L.

11993–1993
Thomas Durso v. Charles Rowe green
ca7 · 1978
1 sentence

1989(Durso v. Rowe (7th Cir. 1978), 579 F.2d 1365 (inmate’s claim that his due process rights were violated where prison custom and practice relating to work-release revocations were not followed in revoking his work-release privileges improperly dismissed as a matter of law for failure to state a claim pursuant to 42 U.S.C. section 1983 without prior evidentiary hearing).) We therefore conclude that Judge Bailey acted properly in ruling on the motion before him without permitting a prior evidentiary hearing on defendant’s allegations.

11989–1989
Cleveland Kimbrough v. Dave O'Neil (O'neal), Etc. green
ca7 · 1976
1 sentence

1981Kimbrough v. O’Neal, 545 F.2d 1059 (7th Cir. 1976) (en banc).

11981–1981
United Housing Foundation, Inc. v. Forman green
scotus · 1975
1 sentence

1977Ed. 2d 621, 636 , 95 S. Ct. 2051, 2064 .) In addition, these counts while alleging they state a claim under 42 U.S.C. §1983 , in fact, purport to assert rights provided by our State constitution and not the Federal Constitution or laws.

11977–1977

Statutes the citing opinions construe

USC § 42u.s.c.1983 (11) IL § 735 ILCS 5/2-615 (4) IL § 735 ILCS 5/2-619.1 (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

PA 36 (1986–2026) CA 30 (1984–2024) TX 18 (1990–2026) NY 16 (1975–2021) CT 16 (1990–2010) CO 15 (1983–2026) OH 13 (1987–2020) NC 11 (1996–2020) IL 11 (1977–2023) GA 8 (1984–2012) MA 8 (1989–2025) KS 5 (2005–2020) AL 5 (1995–2014) NM 5 (1980–1995) NJ 5 (1989–2021) LA 4 (1997–2024) ME 4 (1993–2011) WA 4 (1989–2000) MN 4 (1987–2015) TN 4 (1999–2021) AZ 4 (1989–2023) WI 4 (1991–2017) IN 4 (1996–2024) MT 3 (1997–2015) AR 3 (1993–2022) WV 3 (2014–2020) DC 3 (1991–2001) OR 3 (2011–2022) MO 3 (1995–2024) NE 2 (2017–2022) VT 2 (1996–2017) ID 2 (1991–1997) MD 2 (2000–2004) MS 2 (2009–2009) RI 2 (2002–2004) OK 2 (1990–2006)

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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