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9 Alabama opinions name it 2 courts 1984–2014 0 in the last five years
The cases below were cited by Alabama 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 |
|---|---|---|
Rendell-Baker v. Kohngreen1 sentence2014Accord, Rendell-Baker v. Kohn, 457 U.S. 830, 838 (1982); United States v. Price, 383 U.S. [787,] 794, n. 7 [ (1996) ]. | 1 | 1 |
Watkins v. Mitchemgreen1 sentence2012In Wat kins v. Mitchem, 50 So.3d 485, 489-90 (Ala.Civ.App.2010), this court stated: “In Will v. Michigan Department of State Police, 491 U.S. 58 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989), the United States Supreme Court concluded that a state was not a ‘person’ subject to suit under § 1983. | 1 | 1 |
Hafer v. Melogreen1 sentence2000See Hafer v. Melo , 502 U.S. 21 , 25-26 (1991); Wang v. New Hampshire Bd. of Registration in Medicine , 55 F.3d 698 , 700 (1st Cir. 1995) ("[I]t is well settled `that neither a state agency nor a state official acting in his official capacity may be sued for damages in a section 1983 action.'" (Citations omitted.)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Will v. Michigan Department of State Police
green
2 sentences2013But see Will [v. Michigan Department of State Police, 491 U.S. 58 (1989) ] (recognizing that governmental officials and governmental employees are subject to suit in § 1983 actions for prospective injunc-tive relief); and Griswold [v. Alabama Dep’t of Indus. 2012In Wat kins v. Mitchem, 50 So.3d 485, 489-90 (Ala.Civ.App.2010), this court stated: “In Will v. Michigan Department of State Police, 491 U.S. 58 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989), the United States Supreme Court concluded that a state was not a ‘person’ subject to suit under § 1983. | 4 | 2010–2013 |
Griswold v. Alabama Department of Industrial Relations
green
2 sentences2013Relations, 903 F.Supp. 1492 , 1500 n. 7 (M.D.Ala.1995) ] (same). 2010But see Will, supra (recognizing that governmental officials and governmental employees are subject to suit in § 1983 actions for prospective injunctive relief); and Griswold, supra (same). | 2 | 2010–2013 |
Lugar v. Edmondson Oil Co.
green
2 sentences2014In Lugar v. Edmondson Oil Co., [ 457 U.S. 922 (1982) ], the Court made clear that if a defendant’s conduct satisfies the state-action requirement of the Fourteenth Amendment, ‘that conduct [is] also action under color of state law and will support a suit under § 1983.’ Id., 457 U.S., at 935 . 2014In Lugar v. Edmondson Oil Co., [ 457 U.S. 922 (1982) ], the Court made clear that if a defendant’s conduct satisfies the state-action requirement of the Fourteenth Amendment, ‘that conduct [is] also action under color of state law and will support a suit under § 1983.’ Id., 457 U.S., at 935 . | 1 | 2014–2014 |
Jett v. Dallas Independent School District
red
2 sentences2008In Jett v. Dallas Independent School District, 491 U.S. 701, 737 , 109 S.Ct. 2702 , 105 L.Ed.2d 598 (1989), the Supreme Court further held that it is a court’s duty to identify governmental bodies “who speak with final policymaking authority for the local governmental actor concerning the action alleged to have caused the particular constitutional or statutory violation at issue.” However, it is well established that if a local government body is acting as an “arm of the State,” which includes agents or instrumentalities of the State, then Eleventh Amendment immunity bars the suit. 2008In Jett v. Dallas Independent School District, 491 U.S. 701, 737 , 109 S.Ct. 2702 , 105 L.Ed.2d 598 (1989), the Supreme Court further held that it is a court’s duty to identify governmental bodies “who speak with final policymaking authority for the local governmental actor concerning the action alleged to have caused the particular constitutional or statutory violation at issue.” However, it is well established that if a local government body is acting as an “arm of the State,” which includes agents or instrumentalities of the State, then Eleventh Amendment immunity bars the suit. | 1 | 2008–2008 |
Monell v. New York City Dept. of Social Servs.
green
2 sentences2008First, the Board contends that it has a clear legal right to a summary judgment on A.S.’s § 1983 claim because, it says, it is immune from suit under § 1983. 4 In Monell v. New York City Department of Social Services, 436 U.S. 658, 694 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978), the United States Supreme Court held that a cause of action under § 1983 can be brought against a local government when its official policies result in a constitutional tort. 2008First, the Board contends that it has a clear legal right to a summary judgment on A.S.’s § 1983 claim because, it says, it is immune from suit under § 1983. 4 In Monell v. New York City Department of Social Services, 436 U.S. 658, 694 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978), the United States Supreme Court held that a cause of action under § 1983 can be brought against a local government when its official policies result in a constitutional tort. | 1 | 2008–2008 |
Wang v. New Hampshire Board of Registration in Medicine
green
1 sentence2000See Hafer v. Melo , 502 U.S. 21 , 25-26 (1991); Wang v. New Hampshire Bd. of Registration in Medicine , 55 F.3d 698 , 700 (1st Cir. 1995) ("[I]t is well settled `that neither a state agency nor a state official acting in his official capacity may be sued for damages in a section 1983 action.'" (Citations omitted.)). | 1 | 2000–2000 |
Jack Silver v. Fred R. Dickson
green
2 sentences1985Burkes v. Callion, 433 F.2d 318 (9th Cir.1970), cert. den. 403 U.S. 908 , 91 S.Ct. 2217 , 29 L.Ed.2d 685 (1971); Silver v. Dickson, 403 F.2d 642 (9th Cir.1968), cert. den. 394 U.S. 990 , 89 S.Ct. 1477 , 22 L.Ed.2d 765 (1969). 1985Burkes v. Callion , 433 F.2d 318 (9th Cir. 1970), cert. den. 403 U.S. 908 , 91 S.Ct. 2217 , 29 L.Ed.2d 685 (1971); Silver v. Dickson , 403 F.2d 642 (9th Cir. 1968), cert. den. 394 U.S. 990 , 89 S.Ct. 1477 , 22 L.Ed.2d 765 (1969). | 1 | 1985–1985 |
Norman Burkes, Jr. v. Luther Callion, Deputy Central Adult Investigations, Etc.
green
2 sentences1985Burkes v. Callion, 433 F.2d 318 (9th Cir.1970), cert. den. 403 U.S. 908 , 91 S.Ct. 2217 , 29 L.Ed.2d 685 (1971); Silver v. Dickson, 403 F.2d 642 (9th Cir.1968), cert. den. 394 U.S. 990 , 89 S.Ct. 1477 , 22 L.Ed.2d 765 (1969). 1985Burkes v. Callion , 433 F.2d 318 (9th Cir. 1970), cert. den. 403 U.S. 908 , 91 S.Ct. 2217 , 29 L.Ed.2d 685 (1971); Silver v. Dickson , 403 F.2d 642 (9th Cir. 1968), cert. den. 394 U.S. 990 , 89 S.Ct. 1477 , 22 L.Ed.2d 765 (1969). | 1 | 1985–1985 |
Silver v. Dickson
green
2 sentences1985Burkes v. Callion, 433 F.2d 318 (9th Cir.1970), cert. den. 403 U.S. 908 , 91 S.Ct. 2217 , 29 L.Ed.2d 685 (1971); Silver v. Dickson, 403 F.2d 642 (9th Cir.1968), cert. den. 394 U.S. 990 , 89 S.Ct. 1477 , 22 L.Ed.2d 765 (1969). 1985Burkes v. Callion , 433 F.2d 318 (9th Cir. 1970), cert. den. 403 U.S. 908 , 91 S.Ct. 2217 , 29 L.Ed.2d 685 (1971); Silver v. Dickson , 403 F.2d 642 (9th Cir. 1968), cert. den. 394 U.S. 990 , 89 S.Ct. 1477 , 22 L.Ed.2d 765 (1969). | 1 | 1985–1985 |
Burkes v. Callion
green
2 sentences1985Burkes v. Callion , 433 F.2d 318 (9th Cir. 1970), cert. den. 403 U.S. 908 , 91 S.Ct. 2217 , 29 L.Ed.2d 685 (1971); Silver v. Dickson , 403 F.2d 642 (9th Cir. 1968), cert. den. 394 U.S. 990 , 89 S.Ct. 1477 , 22 L.Ed.2d 765 (1969). 1985Burkes v. Callion , 433 F.2d 318 (9th Cir. 1970), cert. den. 403 U.S. 908 , 91 S.Ct. 2217 , 29 L.Ed.2d 685 (1971); Silver v. Dickson , 403 F.2d 642 (9th Cir. 1968), cert. den. 394 U.S. 990 , 89 S.Ct. 1477 , 22 L.Ed.2d 765 (1969). | 1 | 1985–1985 |
Pate v. Alabama Board of Pardons and Paroles
green
1 sentence1984In Pate v. Alabama Bd. of Pardons and Paroles , 409 F. Supp. 478 (M.D.Ala. 1976), aff'd , 548 F.2d 354 (5th Cir. 1977), the members of the Alabama Board of Pardons and Paroles were given immunity from suit under 42 U.S.C. § 1983 by virtue of the Eleventh Amendment to the United States Constitution and the doctrine of official immunity. | 1 | 1984–1984 |
Pate v. Alabama Bd. of Pardons and Paroles
green
1 sentence1984In Pate v. Alabama Bd. of Pardons and Paroles , 409 F. Supp. 478 (M.D.Ala. 1976), aff'd , 548 F.2d 354 (5th Cir. 1977), the members of the Alabama Board of Pardons and Paroles were given immunity from suit under 42 U.S.C. § 1983 by virtue of the Eleventh Amendment to the United States Constitution and the doctrine of official immunity. | 1 | 1984–1984 |
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.