section 1983 remedy (Colorado) · Go Syfert
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section 1983 remedy in Colorado

9 Colorado opinions name it 2 courts 1991–2017 0 in the last five years

The cases below were cited by Colorado 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 (11)

CaseFollowedCited
Mosher v. City of Lakewoodgreen
coloctapp · 1991 · cited in 2 Colorado opinions naming this issue, 1993–1993
2 sentences

1993Section 1983 provides a federal remedy for the deprivation “of any rights, privileges, or immunities secured by the Constitution and laws.” Mosher v. Lakewood, 807 P.2d 1235 (Colo.App.1991).

1993Section 1983 provides a federal remedy for the deprivation “of any rights, privileges, or immunities secured by the Constitution and laws.” Mosher v. Lakewood, 807 P.2d 1235, 1238 (Colo.App.1991).

12
Mahaney v. City of Englewoodgreen
coloctapp · 2010 · cited in 1 Colorado opinions naming this issue, 2011–2011
1 sentence

2011We conclude that the complaint here states a claim for relief under section 1983.") (citations omitted); Mahaney v. City of Englewood, 226 P.3d 1214, 1221 (Colo.App.2009) (same).

11
International Society for Krishna Consciousness, Inc. v. Colorado State Fair & Industrial Exposition Commissiongreen
colo · 1983 · cited in 1 Colorado opinions naming this issue, 2011–2011
2 sentences

2011Exposition Comm'n, 673 P.2d 368, 374 (Colo.1983) ("For the purpose of recouping attorney's fees under section 1988, express reference to conduct as violative of section 1983 is not required; section 1988 is applicable to any action for which section 1983 provides a remedy.

2011Exposition Comm'n, 673 P.2d 368, 374 (Colo.1983) ("For the purpose of recouping attorney's fees under section 1988, express reference to conduct as violative of section 1983 is not required; section 1988 is applicable to any action for which section 1983 provides a remedy.

11
Solomon v. City of Gainesvillegreen
ca11 · 1986 · cited in 1 Colorado opinions naming this issue, 2011–2011
1 sentence

2011See, e.g., Americans United for Separation of Church & State v. School Dist., 835 F.2d 627 , 631, 633-34 (6th Cir.1987) (in a case in which the plaintiff had pled a claim under section 1983 without specifically relying on that statute, the court awarded fees under section 1988 because (1) section 1988 is concerned with the substance of a prevailing party's action, rather than the form in which it is presented, and (2) "[the mere failure to plead or argue reliance on § 1983 is not fatal to a claim for attorney's fees if the pleadings and evidence do present a substantial Fourteenth Amendment cl

11
Americans United for Separation of Church & State v. School District of Grand Rapidsgreen
ca6 · 1987 · cited in 1 Colorado opinions naming this issue, 2011–2011
1 sentence

2011See, e.g., Americans United for Separation of Church & State v. School Dist., 835 F.2d 627 , 631, 633-34 (6th Cir.1987) (in a case in which the plaintiff had pled a claim under section 1983 without specifically relying on that statute, the court awarded fees under section 1988 because (1) section 1988 is concerned with the substance of a prevailing party's action, rather than the form in which it is presented, and (2) "[the mere failure to plead or argue reliance on § 1983 is not fatal to a claim for attorney's fees if the pleadings and evidence do present a substantial Fourteenth Amendment cl

11
Board of County Commissioners v. Sundheimgreen
colo · 1996 · cited in 1 Colorado opinions naming this issue, 1997–1997
1 sentence

1997See Board of County Commissioners v. Sundheim, 926 P.2d 545 (Colo.1996) (§ 1983 damages claim may exist separately from a C.R.C.P. 106(a)(4) action); see also Zinermon v. Burch, 494 U.S. 113 , 110 S.Ct. 975 , 108 L.Ed.2d 100 (1990) (overlapping state remedies are generally irrelevant to the question of the existence of a claim under 42 U.S.C. § 1983 ).

11
Zinermon v. Burchgreen
scotus · 1990 · cited in 1 Colorado opinions naming this issue, 1997–1997
2 sentences

1997See Board of County Commissioners v. Sundheim, 926 P.2d 545 (Colo.1996) (§ 1983 damages claim may exist separately from a C.R.C.P. 106(a)(4) action); see also Zinermon v. Burch, 494 U.S. 113 , 110 S.Ct. 975 , 108 L.Ed.2d 100 (1990) (overlapping state remedies are generally irrelevant to the question of the existence of a claim under 42 U.S.C. § 1983 ).

1997See Board of County Commissioners v. Sundheim, 926 P.2d 545 (Colo.1996) (§ 1983 damages claim may exist separately from a C.R.C.P. 106(a)(4) action); see also Zinermon v. Burch, 494 U.S. 113 , 110 S.Ct. 975 , 108 L.Ed.2d 100 (1990) (overlapping state remedies are generally irrelevant to the question of the existence of a claim under 42 U.S.C. § 1983 ).

11
Edward T. Wells v. Boyd Wardgreen
ca10 · 1972 · cited in 1 Colorado opinions naming this issue, 1994–1994
1 sentence

1994See Wells v. Ward, 470 F.2d 1185, 1187 (10th Cir.1972) (holding that under state common law the slightest interference with personal liberty is a false imprisonment but that it does not follow that the same interference activates remedies under § 1983). 2 .

11
Donald Gagne, Etc. v. City of Galveston, and Mike Putnalgreen
ca5 · 1986 · cited in 1 Colorado opinions naming this issue, 1994–1994
1 sentence

1994Although some of the federal circuit courts have indicated that a plaintiff has the burden of pleading that the violated right was clearly established, Sawyer v. County of Creek, 908 F.2d 663, 665-66 (10th Cir.1990), Gutierrez v. Municipal Court, 838 F.2d 1031 , 1052 (9th Cir.1988), Gagne v. City of Galveston, 805 F.2d 558, 559 (5th Cir.1986), cert. denied, 483 U.S. 1021 , 107 S.Ct. 3266 , 97 L.Ed.2d 764 (1987), Elliott v. Perez, 751 F.2d 1472, 1473 (5th Cir.1985); the United States Supreme Court recently rejected a heightened pleading requirement in a local government failure-to-train case.

11
Sawyer v. County of Creekred
ca10 · 1990 · cited in 1 Colorado opinions naming this issue, 1994–1994
1 sentence

1994Although some of the federal circuit courts have indicated that a plaintiff has the burden of pleading that the violated right was clearly established, Sawyer v. County of Creek, 908 F.2d 663, 665-66 (10th Cir.1990), Gutierrez v. Municipal Court, 838 F.2d 1031 , 1052 (9th Cir.1988), Gagne v. City of Galveston, 805 F.2d 558, 559 (5th Cir.1986), cert. denied, 483 U.S. 1021 , 107 S.Ct. 3266 , 97 L.Ed.2d 764 (1987), Elliott v. Perez, 751 F.2d 1472, 1473 (5th Cir.1985); the United States Supreme Court recently rejected a heightened pleading requirement in a local government failure-to-train case.

11
Bird v. Figelgreen
innd · 1989 · cited in 1 Colorado opinions naming this issue, 1991–1991
2 sentences

1991See Bird v. Figel, 725 F.Supp. 406, 411-12 (N.D.Ind.1989), and cases there cited.

1991See Bird v. Figel, 725 F.Supp. 406, 411-12 (N.D.Ind.1989), and cases there cited.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
Felder v. Casey green
scotus · 1988
2 sentences

1991In view of the intent to allow a broad sweep for remedies in section 1983 actions, see Felder v. Casey, 487 U.S. 131, 139 , 108 S.Ct. 2302, 2307 , 101 L.Ed.2d 123 (1988), I would follow the standard of “preponderance of the evidence” adopted by lower federal courts that have considered this issue.

1991In view of the intent to allow a broad sweep for remedies in section 1983 actions, see Felder v. Casey, 487 U.S. 131, 139 , 108 S.Ct. 2302, 2307 , 101 L.Ed.2d 123 (1988), I would follow the standard of “preponderance of the evidence” adopted by lower federal courts that have considered this issue.

21991–2017
Gonzaga University v. Doe green
scotus · 2002
2 sentences

2006In Gonzaga, the Supreme Court found that plaintiffs suing under § 1983 do not have the burden of showing Congressional intent to create a specific remedy in the underlying statute because “ § 1983 generally supplies a remedy for the vindication of rights secured by federal statutes.” Thus, “[ojnce a plaintiff demonstrates that a statute confers an individual right, the right is presumptively enforceable by § 1983.” Gonzaga, supra, 536 U.S. at 284 , 122 S.Ct. at 2276 .

2006In Gonzaga, the Supreme Court found that plaintiffs suing under § 1983 do not have the burden of showing Congressional intent to create a specific remedy in the underlying statute because “ § 1983 generally supplies a remedy for the vindication of rights secured by federal statutes.” Thus, “[ojnce a plaintiff demonstrates that a statute confers an individual right, the right is presumptively enforceable by § 1983.” Gonzaga, supra, 536 U.S. at 284 , 122 S.Ct. at 2276 .

12006–2006
Gagne v. Putnal green
scotus · 1987
2 sentences

1994Although some of the federal circuit courts have indicated that a plaintiff has the burden of pleading that the violated right was clearly established, Sawyer v. County of Creek, 908 F.2d 663, 665-66 (10th Cir.1990), Gutierrez v. Municipal Court, 838 F.2d 1031 , 1052 (9th Cir.1988), Gagne v. City of Galveston, 805 F.2d 558, 559 (5th Cir.1986), cert. denied, 483 U.S. 1021 , 107 S.Ct. 3266 , 97 L.Ed.2d 764 (1987), Elliott v. Perez, 751 F.2d 1472, 1473 (5th Cir.1985); the United States Supreme Court recently rejected a heightened pleading requirement in a local government failure-to-train case.

1994Although some of the federal circuit courts have indicated that a plaintiff has the burden of pleading that the violated right was clearly established, Sawyer v. County of Creek, 908 F.2d 663, 665-66 (10th Cir.1990), Gutierrez v. Municipal Court, 838 F.2d 1031 , 1052 (9th Cir.1988), Gagne v. City of Galveston, 805 F.2d 558, 559 (5th Cir.1986), cert. denied, 483 U.S. 1021 , 107 S.Ct. 3266 , 97 L.Ed.2d 764 (1987), Elliott v. Perez, 751 F.2d 1472, 1473 (5th Cir.1985); the United States Supreme Court recently rejected a heightened pleading requirement in a local government failure-to-train case.

11994–1994
Gutierrez v. Municipal Court of the Southeast Judicial District green
ca9 · 1988
1 sentence

1994Although some of the federal circuit courts have indicated that a plaintiff has the burden of pleading that the violated right was clearly established, Sawyer v. County of Creek, 908 F.2d 663, 665-66 (10th Cir.1990), Gutierrez v. Municipal Court, 838 F.2d 1031 , 1052 (9th Cir.1988), Gagne v. City of Galveston, 805 F.2d 558, 559 (5th Cir.1986), cert. denied, 483 U.S. 1021 , 107 S.Ct. 3266 , 97 L.Ed.2d 764 (1987), Elliott v. Perez, 751 F.2d 1472, 1473 (5th Cir.1985); the United States Supreme Court recently rejected a heightened pleading requirement in a local government failure-to-train case.

11994–1994
James Elliott and Joseph Defley v. Leander H. Perez, Jr., Etc., Eugene E. Leon, Jr., Etc., and Frank Klein red
ca5 · 1985
1 sentence

1994Although some of the federal circuit courts have indicated that a plaintiff has the burden of pleading that the violated right was clearly established, Sawyer v. County of Creek, 908 F.2d 663, 665-66 (10th Cir.1990), Gutierrez v. Municipal Court, 838 F.2d 1031 , 1052 (9th Cir.1988), Gagne v. City of Galveston, 805 F.2d 558, 559 (5th Cir.1986), cert. denied, 483 U.S. 1021 , 107 S.Ct. 3266 , 97 L.Ed.2d 764 (1987), Elliott v. Perez, 751 F.2d 1472, 1473 (5th Cir.1985); the United States Supreme Court recently rejected a heightened pleading requirement in a local government failure-to-train case.

11994–1994
Wilson v. Garcia red
scotus · 1985
2 sentences

1991“The importation of the policies and purposes of the States on matters of civil rights is not the primary office of the borrowing provision in § 1988....” Wilson v. Garcia, 471 U.S. at 269 , 105 S.Ct. at 1943 .

1991“The importation of the policies and purposes of the States on matters of civil rights is not the primary office of the borrowing provision in § 1988....” Wilson v. Garcia, 471 U.S. at 269 , 105 S.Ct. at 1943 .

11991–1991
United States v. Price green
scotus · 1966
2 sentences

1991(The section 1983 remedy must “be ‘accorded a sweep as broad as its language.’ ” (quoting United States v. Price, 383 U.S. 787, 801 , 86 S.Ct. 1152, 1160 , 16 L.Ed.2d 267 (1966))).

1991(The section 1983 remedy must “be ‘accorded a sweep as broad as its language.’ ” (quoting United States v. Price, 383 U.S. 787, 801 , 86 S.Ct. 1152, 1160 , 16 L.Ed.2d 267 (1966))).

11991–1991
Lugar v. Edmondson Oil Co. green
scotus · 1982
2 sentences

1991Lugar v. Edmonson Oil Co., 457 U.S. 922 , 102 S.Ct. 2744 , 73 L.Ed.2d 482 (1982).

1991Lugar v. Edmonson Oil Co., 457 U.S. 922 , 102 S.Ct. 2744 , 73 L.Ed.2d 482 (1982).

11991–1991

Statutes the citing opinions construe

USC § 42u.s.c.1983 (9) USC § 42u.s.c.1988 (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

TX 31 (1993–2023) NC 17 (1992–2019) OH 17 (1993–2020) IN 14 (1981–2013) MD 14 (1984–2010) TN 12 (1992–2017) NJ 12 (1985–2025) NY 10 (1978–2013) MA 9 (1978–2010) PA 9 (1994–2019) MI 9 (1987–2026) CO 9 (1991–2017) KS 9 (1981–2019) OR 8 (1987–2024) CA 8 (1976–2014) NM 7 (1982–2015) VT 7 (1991–2025) ME 7 (1979–2021) CT 6 (1992–2006) NE 6 (2015–2023) WI 5 (1994–2016) AZ 5 (1985–2024) AL 5 (1984–2013) MN 5 (1989–2016) GA 5 (1980–2023) IL 4 (1981–1991) MO 4 (1978–2024) WA 4 (1997–2005) AK 4 (1983–2010) OK 4 (1996–2025) MT 4 (1996–2022) UT 4 (1996–2013) ND 3 (1993–2022) LA 3 (1980–2013) DC 3 (1990–1993) HI 3 (1986–1999) WY 2 (1989–1990) MS 2 (1998–1999) NH 2 (2007–2014) FL 2 (1989–2008) DE 2 (1985–2026) IA 2 (2015–2018)

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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