section 1983 damages (Montana) · Go Syfert
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section 1983 damages in Montana

10 Montana opinions name it 1 courts 1980–2025 1 in the last five years

The cases below were cited by Montana 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
Pearson v. Callahangreen
scotus · 2009 · cited in 1 Montana opinions naming this issue, 2025–2025
2 sentences

2025See § 2-9-305(5), MCA.8 ¶20 Lawellin is also personally protected by qualified immunity under Pearson, which provides that individual government officials are immune from 42 U.S.C. § 1983 civil damages when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson, 555 U.S. at 231-45 , 129 S. Ct. at 815-23 (law enforcement officers were entitled to qualified immunity, and thereby immune from civil damages, because their conduct was not a constitutional violation).

2025See § 2-9-305(5), MCA.8 ¶20 Lawellin is also personally protected by qualified immunity under Pearson, which provides that individual government officials are immune from 42 U.S.C. § 1983 civil damages when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson, 555 U.S. at 231-45 , 129 S. Ct. at 815-23 (law enforcement officers were entitled to qualified immunity, and thereby immune from civil damages, because their conduct was not a constitutional violation).

11
Ybarra v. Bastiangreen
ca9 · 1981 · cited in 1 Montana opinions naming this issue, 2013–2013
1 sentence

2013Ybarra v. Bastian, 647 F.2d 891, 892-93 (9th Cir. 1981).

11
Shoshone-Bannock Tribes v. Fish & Game Commission, Idahogreen
ca9 · 1994 · cited in 1 Montana opinions naming this issue, 1997–1997
1 sentence

1997See Shoshone-Bannock Tribes v. Fish & Game Comm’n, Idaho (9th Cir. 1994), 42 F.3d 1278 , 1284 (citation omitted).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

CaseCitedYears
Memphis Community School District v. Stachura green
scotus · 1986
2 sentences

2014The issue in Stachura, however, was “whether 42 U.S.C. § 1983 authorizes an award of compensatory damages based on the factfinder’s assessment of the value or importance of a substantive constitutional right.” 477 U.S. at 300 , 106 S. Ct. at 2539 .

2014The issue in Stachura, however, was “whether 42 U.S.C. § 1983 authorizes an award of compensatory damages based on the factfinder’s assessment of the value or importance of a substantive constitutional right.” 477 U.S. at 300 , 106 S. Ct. at 2539 .

22014–2014
Wilson v. Garcia red
scotus · 1985
2 sentences

2014The Supreme Court did not consider whether an alleged constitutional violation may be construed as “an injury to person” for purposes of a statute governing the limitations period. ¶57 In contrast, the Supreme Court did consider this question the year before in Wilson v. Garcia, 471 U.S. 261 , 105 S. Ct. 1938 (1985).

2014The Supreme Court did not consider whether an alleged constitutional violation may be construed as “an injury to person” for purposes of a statute governing the limitations period. ¶57 In contrast, the Supreme Court did consider this question the year before in Wilson v. Garcia, 471 U.S. 261 , 105 S. Ct. 1938 (1985).

22014–2014
Heck v. Humphrey green
scotus · 1994
1 sentence

2018The federal court dismissed Pierce’s § 1983 claims as barred under Heck v. Humphrey, 512 U.S. 477 (1994) (holding that a plaintiff cannot prosecute a § 1983 action for damages if the action’s success would imply that the plaintiff’s existing criminal conviction or sentence is invalid).

12018–2018
Germann v. Stephens green
mont · 2006
2 sentences

2009Beasley seeks to vindicate these alleged constitutional violations through an action pursuant to 42 U.S.C. § 1983 . ¶13 As we discussed in Germann v. Stephens, 2006 MT 130, ¶ 26 , 332 Mont. 303 , 137 P.3d 545 , a plaintiff first must establish that he possesses a protected liberty or property interest to establish a viable § 1983 claim because the guarantees of the 5th and 14th amendments apply only when a constitutionally protected liberty or property interest is at stake.

2009Beasley seeks to vindicate these alleged constitutional violations through an action pursuant to 42 U.S.C. § 1983 . ¶13 As we discussed in Germann v. Stephens, 2006 MT 130, ¶ 26 , 332 Mont. 303 , 137 P.3d 545 , a plaintiff first must establish that he possesses a protected liberty or property interest to establish a viable § 1983 claim because the guarantees of the 5th and 14th amendments apply only when a constitutionally protected liberty or property interest is at stake.

12009–2009
Kenyon v. Stillwater County green
mont · 1992
2 sentences

2006The Council Members counter that our decision in Kenyon v. Stillwater County (1992), 254 Mont. 142 , 835 P.2d 742 , and the plain language of § 2-9-305(5), MCA, dictate that § 2-9-305(5), MCA, serves as more than just a double recovery statute.

2006The Council Members counter that our decision in Kenyon v. Stillwater County (1992), 254 Mont. 142 , 835 P.2d 742 , and the plain language of § 2-9-305(5), MCA, dictate that § 2-9-305(5), MCA, serves as more than just a double recovery statute.

12006–2006
Dorwart v. Caraway red
mont · 1998
1 sentence

1999Dorwart v. Caraway, 1998 MT 191, ¶ 114 , *379 290 Mont. 196, ¶ 114 , 966 P.2d 1121, ¶ 114 .

11999–1999
Dorwart v. Caraway red
mont · 1998
1 sentence

1999Dorwart v. Caraway, 1998 MT 191, ¶ 114 , *379 290 Mont. 196, ¶ 114 , 966 P.2d 1121, ¶ 114 .

11999–1999
Dorwart v. Caraway red
mont · 1998
1 sentence

1999Dorwart v. Caraway, 1998 MT 191, ¶ 114 , *379 290 Mont. 196, ¶ 114 , 966 P.2d 1121, ¶ 114 .

11999–1999
Carey v. Piphus green
scotus · 1978
2 sentences

1980Carey v. Piphus (1978), 435 U.S. 247, 254 , 98 S.Ct. 1042, 1047 , 55 L.Ed.2d 252 .

1980Carey v. Piphus (1978), 435 U.S. 247, 254 , 98 S.Ct. 1042, 1047 , 55 L.Ed.2d 252 .

11980–1980

Statutes the citing opinions construe

USC § 42u.s.c.1983 (10) MT § Mont. Code Ann. § 2-9-305 (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 105 (1976–2026) CA 91 (1975–2024) TX 90 (1980–2025) MA 56 (1981–2026) PA 52 (1979–2026) WA 52 (1981–2026) NJ 51 (1976–2021) CO 50 (1979–2026) IL 46 (1978–2026) CT 45 (1988–2026) AL 37 (1981–2025) OH 37 (1983–2025) IN 35 (1980–2020) NC 32 (1981–2026) GA 30 (1981–2021) LA 29 (1980–2022) FL 28 (1981–2026) MD 27 (1985–2024) NM 27 (1981–2016) MI 24 (1985–2026) MN 23 (1981–2026) VT 23 (1983–2024) OR 23 (1979–2026) KS 23 (1981–2020) WV 22 (1977–2024) TN 22 (1979–2024) AZ 19 (1973–2025) ME 19 (1983–2026) WI 17 (1977–2026) IA 16 (1980–2019) ID 15 (1985–2019) DC 15 (1990–2024) MO 13 (1980–2017) WY 13 (1978–2023) AK 13 (1987–2025) MS 12 (1990–2018) NE 11 (1990–2022) HI 10 (1974–2025) MT 10 (1980–2025) RI 9 (1979–2020) NV 8 (1989–2020) AR 8 (1996–2026) NH 6 (1981–2009) UT 6 (1981–2009) OK 6 (1990–2009) SD 5 (1994–2021) ND 5 (1983–2024) KY 5 (1990–2025) VA 5 (1982–2020) DE 4 (2017–2025) SC 3 (2000–2004)

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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