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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.
| Case | Followed | Cited |
|---|---|---|
Mosher v. City of Lakewoodgreen2 sentences1993Section 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). | 1 | 2 |
Mahaney v. City of Englewoodgreen1 sentence2011We 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). | 1 | 1 |
International Society for Krishna Consciousness, Inc. v. Colorado State Fair & Industrial Exposition Commissiongreen2 sentences2011Exposition 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. | 1 | 1 |
Solomon v. City of Gainesvillegreen1 sentence2011See, 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 | 1 | 1 |
Americans United for Separation of Church & State v. School District of Grand Rapidsgreen1 sentence2011See, 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 | 1 | 1 |
Board of County Commissioners v. Sundheimgreen1 sentence1997See 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 ). | 1 | 1 |
Zinermon v. Burchgreen2 sentences1997See 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 ). | 1 | 1 |
Edward T. Wells v. Boyd Wardgreen1 sentence1994See 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 . | 1 | 1 |
Donald Gagne, Etc. v. City of Galveston, and Mike Putnalgreen1 sentence1994Although 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. | 1 | 1 |
Sawyer v. County of Creekred1 sentence1994Although 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. | 1 | 1 |
Bird v. Figelgreen2 sentences1991See 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. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Felder v. Casey
green
2 sentences1991In 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. | 2 | 1991–2017 |
Gonzaga University v. Doe
green
2 sentences2006In 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 . | 1 | 2006–2006 |
Gagne v. Putnal
green
2 sentences1994Although 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. | 1 | 1994–1994 |
Gutierrez v. Municipal Court of the Southeast Judicial District
green
1 sentence1994Although 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. | 1 | 1994–1994 |
James Elliott and Joseph Defley v. Leander H. Perez, Jr., Etc., Eugene E. Leon, Jr., Etc., and Frank Klein
red
1 sentence1994Although 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. | 1 | 1994–1994 |
Wilson v. Garcia
red
2 sentences1991“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 . | 1 | 1991–1991 |
United States v. Price
green
2 sentences1991(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))). | 1 | 1991–1991 |
Lugar v. Edmondson Oil Co.
green
2 sentences1991Lugar 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). | 1 | 1991–1991 |
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.