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10 Tennessee opinions name it 2 courts 1981–2017 0 in the last five years
The cases below were cited by Tennessee 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 |
|---|---|---|
Lugar v. Edmondson Oil Co.green2 sentences1998Lugar v. Edmondson Oil Co., Inc., 457 U.S. 922 , 102 S.Ct. 2744, 2752 , 73 L.Ed.2d 482 (1982). 1998Lugar v. Edmondson Oil Co., Inc., 457 U.S. 922 , 102 S.Ct. 2744, 2752 , 73 L.Ed.2d 482 (1982). | 1 | 2 |
Wilson v. Garciared1 sentence2017Section 1983 “provides ‘a uniquely federal remedy against incursions under the claimed authority of state law upon rights secured by the Constitution.’” Wilson v. Garcia, 471 U.S. 261, 271-72 (1985) (quoting Mitchum v. Foster, 407 U.S. 225, 239 (1972)). “[I]t is ‘the purest coincidence,’ when state statutes or the common law provide for equivalent remedies.” Id. at 272 (quoting Monroe v. Pape, 365 U.S. 167 , 196 n.5 (1961) (Harlan, J., concurring)). | 1 | 1 |
Mitchum v. Fostergreen2 sentences2017Section 1983 “provides ‘a uniquely federal remedy against incursions under the claimed authority of state law upon rights secured by the Constitution.’” Wilson v. Garcia, 471 U.S. 261, 271-72 (1985) (quoting Mitchum v. Foster, 407 U.S. 225, 239 (1972)). “[I]t is ‘the purest coincidence,’ when state statutes or the common law provide for equivalent remedies.” Id. at 272 (quoting Monroe v. Pape, 365 U.S. 167 , 196 n.5 (1961) (Harlan, J., concurring)). 2017Section 1983 “provides ‘a uniquely federal remedy against incursions under the claimed authority of state law upon rights secured by the Constitution.’” Wilson v. Garcia, 471 U.S. 261, 271-72 (1985) (quoting Mitchum v. Foster, 407 U.S. 225, 239 (1972)). “[I]t is ‘the purest coincidence,’ when state statutes or the common law provide for equivalent remedies.” Id. at 272 (quoting Monroe v. Pape, 365 U.S. 167 , 196 n.5 (1961) (Harlan, J., concurring)). | 1 | 1 |
Wyatt v. Colegreen2 sentences2011The primary focus of Section 1983 is “to deter state actors 14 from using the badge of their authority to deprive individuals of their federally guaranteed rights and to provide relief to victims if such deterrence fails.” Wyatt v. Cole, 504 U.S. 158, 161 , 112 S.Ct. 1827 , 118 L.Ed.2d 504 (1992) (footnote added). 2011The primary focus of Section 1983 is “to deter state actors 14 from using the badge of their authority to deprive individuals of their federally guaranteed rights and to provide relief to victims if such deterrence fails.” Wyatt v. Cole, 504 U.S. 158, 161 , 112 S.Ct. 1827 , 118 L.Ed.2d 504 (1992) (footnote added). | 1 | 1 |
Graham v. Connorgreen2 sentences2011Albright v. Oliver, 510 U.S. 266, 271 , 114 S.Ct. 807 , 127 L.Ed.2d 114 (1994); Graham v. Connor, 490 U.S. 386, 393-94 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989); Baker v. McCollan, 443 U.S. 137 , 144 n. 3, 99 S.Ct. 2689 , 61 L.Ed.2d 433 (1979). 13 Thus, plaintiffs filing suit under Section 1983 “must point to another source, either the United States Constitution or federal statutes, for the substantive rights they seek to enforce.” 1 Bodensteiner & Levinson § 1:1, at 1-5. 2011Albright v. Oliver, 510 U.S. 266, 271 , 114 S.Ct. 807 , 127 L.Ed.2d 114 (1994); Graham v. Connor, 490 U.S. 386, 393-94 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989); Baker v. McCollan, 443 U.S. 137 , 144 n. 3, 99 S.Ct. 2689 , 61 L.Ed.2d 433 (1979). 13 Thus, plaintiffs filing suit under Section 1983 “must point to another source, either the United States Constitution or federal statutes, for the substantive rights they seek to enforce.” 1 Bodensteiner & Levinson § 1:1, at 1-5. | 1 | 1 |
Albright v. Olivergreen2 sentences2011Albright v. Oliver, 510 U.S. 266, 271 , 114 S.Ct. 807 , 127 L.Ed.2d 114 (1994); Graham v. Connor, 490 U.S. 386, 393-94 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989); Baker v. McCollan, 443 U.S. 137 , 144 n. 3, 99 S.Ct. 2689 , 61 L.Ed.2d 433 (1979). 13 Thus, plaintiffs filing suit under Section 1983 “must point to another source, either the United States Constitution or federal statutes, for the substantive rights they seek to enforce.” 1 Bodensteiner & Levinson § 1:1, at 1-5. 2011Albright v. Oliver, 510 U.S. 266, 271 , 114 S.Ct. 807 , 127 L.Ed.2d 114 (1994); Graham v. Connor, 490 U.S. 386, 393-94 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989); Baker v. McCollan, 443 U.S. 137 , 144 n. 3, 99 S.Ct. 2689 , 61 L.Ed.2d 433 (1979). 13 Thus, plaintiffs filing suit under Section 1983 “must point to another source, either the United States Constitution or federal statutes, for the substantive rights they seek to enforce.” 1 Bodensteiner & Levinson § 1:1, at 1-5. | 1 | 1 |
Fred B. Black, Jr. v. Sheraton Corporation of America Appeal of United States of Americagreen1 sentence2006See, e.g., MacWade v. Kelly, 230 F.R.D. 379, 380-81 (S.D.N.Y. 2005) (plaintiff subway riders filed suit under Section 1983 to invalidate police program of randomly searching subway riders’ backpacks in effort to detect and deter terrorism; information on the frequency and location of subway searches covered by law enforcement privilege); Nat’l Cong. for Puerto Rican Rights, 194 F.R.D. at 94 (plaintiff civil rights organization accused police of suspicionless stops of young black and Hispanic men, sought police memoranda on plans for deployment, identity of officers, law enforcement strategy an | 1 | 1 |
National Congress for Puerto Rican Rights v. City of New Yorkgreen1 sentence2006See, e.g., MacWade v. Kelly, 230 F.R.D. 379, 380-81 (S.D.N.Y. 2005) (plaintiff subway riders filed suit under Section 1983 to invalidate police program of randomly searching subway riders’ backpacks in effort to detect and deter terrorism; information on the frequency and location of subway searches covered by law enforcement privilege); Nat’l Cong. for Puerto Rican Rights, 194 F.R.D. at 94 (plaintiff civil rights organization accused police of suspicionless stops of young black and Hispanic men, sought police memoranda on plans for deployment, identity of officers, law enforcement strategy an | 1 | 1 |
MacWade v. Kellygreen1 sentence2006See, e.g., MacWade v. Kelly, 230 F.R.D. 379, 380-81 (S.D.N.Y. 2005) (plaintiff subway riders filed suit under Section 1983 to invalidate police program of randomly searching subway riders’ backpacks in effort to detect and deter terrorism; information on the frequency and location of subway searches covered by law enforcement privilege); Nat’l Cong. for Puerto Rican Rights, 194 F.R.D. at 94 (plaintiff civil rights organization accused police of suspicionless stops of young black and Hispanic men, sought police memoranda on plans for deployment, identity of officers, law enforcement strategy an | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Baker v. McCollan
green
2 sentences2017A plaintiff who files suit pursuant to section 1983 “‘must point to another source, either the United States Constitution or federal statutes, for the substantive rights they seek to enforce.’” Id. (quoting 1 Bodensteiner & Levinson § 1:1, at 1-5) (emphasis added). 2011Albright v. Oliver, 510 U.S. 266, 271 , 114 S.Ct. 807 , 127 L.Ed.2d 114 (1994); Graham v. Connor, 490 U.S. 386, 393-94 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989); Baker v. McCollan, 443 U.S. 137 , 144 n. 3, 99 S.Ct. 2689 , 61 L.Ed.2d 433 (1979). 13 Thus, plaintiffs filing suit under Section 1983 “must point to another source, either the United States Constitution or federal statutes, for the substantive rights they seek to enforce.” 1 Bodensteiner & Levinson § 1:1, at 1-5. | 2 | 2011–2017 |
Professional Home Health & Hospice, Inc. v. Jackson-Madison County General Hospital District
green
2 sentences1999Other appropriate descriptive terms have included “municipal corporation,” Finister v. Humboldt General Hospital, Inc., No. 02S01- 9704-CH-00038 (Tenn. May 26, 1998), (for the purpose of determining whether a Private Act Hospital is exempt from the Tennessee Workers’ Compensation Law), “quasi-municipal corporation,” Professional Home Health & Hospice, Inc. v. Jackson-Madison County General Hospital District, 759 S.W.2d 416 (Tenn. App. 1988), (for the purpose of determining whether a Hospital Authority could purchase and operate a home health care business outside the territorial jurisdiction s 1999Other appropriate descriptive terms have included “municipal corporation,” Finister v. Humboldt General Hospital, Inc., No. 02S01- 9704-CH-00038 (Tenn. May 26, 1998), (for the purpose of determining whether a Private Act Hospital is exempt from the Tennessee Workers’ Compensation Law), “quasi-municipal corporation,” Professional Home Health & Hospice, Inc. v. Jackson-Madison County General Hospital District, 759 S.W.2d 416 (Tenn. App. 1988), (for the purpose of determining whether a Hospital Authority could purchase and operate a home health care business outside the territorial jurisdiction s | 2 | 1999–1999 |
Monroe v. Pape
red
1 sentence2017Section 1983 “provides ‘a uniquely federal remedy against incursions under the claimed authority of state law upon rights secured by the Constitution.’” Wilson v. Garcia, 471 U.S. 261, 271-72 (1985) (quoting Mitchum v. Foster, 407 U.S. 225, 239 (1972)). “[I]t is ‘the purest coincidence,’ when state statutes or the common law provide for equivalent remedies.” Id. at 272 (quoting Monroe v. Pape, 365 U.S. 167 , 196 n.5 (1961) (Harlan, J., concurring)). | 1 | 2017–2017 |
Bogan v. Scott-Harris
green
1 sentence2014Id. at 49, 118 S.Ct. 966 . | 1 | 2014–2014 |
Wright v. City of Roanoke Redevelopment & Housing Authority
green
2 sentences1995This foreclosure may occur in two ways: first, when Congress expressly precludes the use of § 1983 in the statute, Wright, 479 U.S. at 423 , 107 S.Ct. at 770 ; or second, when the statute creates a remedial scheme that is “sufficiently comprehensive ... to demonstrate congressional intent to preclude the remedy of suits under § 1983. 1995This foreclosure may occur in two ways: first, when Congress expressly precludes the use of § 1983 in the statute, Wright, 479 U.S. at 423 , 107 S.Ct. at 770 ; or second, when the statute creates a remedial scheme that is “sufficiently comprehensive ... to demonstrate congressional intent to preclude the remedy of suits under § 1983. | 1 | 1995–1995 |
Middlesex County Sewerage Authority v. National Sea Clammers Assn.
green
1 sentence1995Sea Clammers Ass’n, 453 U.S. at 20 ,101 S.Ct. at 2626. | 1 | 1995–1995 |
Imbler v. Pachtman
green
2 sentences1981Imbler v. Pachtman, 424 U.S. 409, 422-23 , 96 S.Ct. 984, 991 , 47 L.Ed.2d 128 (1976). 1981Imbler v. Pachtman, 424 U.S. 409, 422-23 , 96 S.Ct. 984, 991 , 47 L.Ed.2d 128 (1976). | 1 | 1981–1981 |
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.