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

9 Massachusetts opinions name it 3 courts 1978–2010 0 in the last five years

The cases below were cited by Massachusetts 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 (8)

CaseFollowedCited
Daniels v. Williamsgreen
scotus · 1986 · cited in 2 Massachusetts opinions naming this issue, 1986–1987
2 sentences

1987More recently, the Supreme Court has reiterated its conclusion in the Monroe v. Pape case in holding that § 1983 creates a civil remedy and "contains no state-of-mind requirement independent of that necessary to state a violation of the underlying constitutional right." Daniels v. Williams, 474 U.S. 327, 330 (1986).

1987More recently, the Supreme Court has reiterated its conclusion in the Monroe v. Pape case in holding that § 1983 creates a civil remedy and “contains no state-of-mind requirement independent of that necessary to state a violation of the underlying constitutional right.” Daniels v. Williams, 474 U.S. 327, 330 (1986).

12
Melvin T. Smith v. Ferron C. Loseegreen
ca10 · 1973 · cited in 2 Massachusetts opinions naming this issue, 1978–1980
2 sentences

1980From the court’s reference to “appropriate remedies” and its citation of Smith v. Losee, 485 F.2d 334 (10th Cir. 1973), cert. denied, 417 U.S. 908 (1974), in which punitive as well as actual damages were awarded, we conclude that an award of punitive damages, if the right to recover such damages were “proved” by the plaintiff on the record in this case, was within the discretion of the trial judge.

1978See Mabey v. Reagan, 537 F.2d 1036,1045 (9th Cir. 1976); Jannetta v. Cole, 493 F.2d 1334 , 1337 n.5,1338 (4th Cir. 1974); Smith v. Losee, 485 F. 2d 334, 338, 340 (10th Cir. 1973).

12
Wojcik v. Lynn Housing Authoritygreen
massappct · 2006 · cited in 1 Massachusetts opinions naming this issue, 2007–2007
1 sentence

2007See Wojcik v. Lynn Housing Auth’y, 66 Mass.App.Ct. 103 , 105 n.4, 115-16 (2006).

11
Bancroft Dudley Hall v. Frederick J. Ochs, Frederick J. Ochs, S. Leo Judge, James P. Rogers, Thomas F. Murphy and Town of Miltongreen
ca1 · 1987 · cited in 1 Massachusetts opinions naming this issue, 1991–1991
2 sentences

1991See Hall v. Ochs, 817 F.2d 920 , 925 n. 2 (1st Cir.1987).

1991See Hall v. Ochs, 817 F.2d 920 , 925 n.2 (1st Cir. 1987).

11
McNeese v. Board of Education for Community Unit School District 187 Cahokiagreen
scotus · 1963 · cited in 1 Massachusetts opinions naming this issue, 1982–1982
1 sentence

1982See Patsy v. Board of Regents, 457 U.S. 496, 500-515 (1982) (no requirement of exhaustion of State administrative remedies); McNeese v. Board of Educ. for Community Unit School Dist. No. 187, 373 U.S. 668, 671-673 (1963).

11
Maine v. Thiboutotgreen
scotus · 1980 · cited in 1 Massachusetts opinions naming this issue, 1982–1982
1 sentence

1982Maine v. Thiboutot, 448 U.S. 1, 4-8 (1980).

11
Patsy v. Board of Regents of Fla.green
scotus · 1982 · cited in 1 Massachusetts opinions naming this issue, 1982–1982
1 sentence

1982See Patsy v. Board of Regents, 457 U.S. 496, 500-515 (1982) (no requirement of exhaustion of State administrative remedies); McNeese v. Board of Educ. for Community Unit School Dist. No. 187, 373 U.S. 668, 671-673 (1963).

11
Rendell Noel Mabey, Jr. v. Ronald Reagangreen
ca9 · 1976 · cited in 1 Massachusetts opinions naming this issue, 1978–1978
1 sentence

1978See Mabey v. Reagan, 537 F.2d 1036,1045 (9th Cir. 1976); Jannetta v. Cole, 493 F.2d 1334 , 1337 n.5,1338 (4th Cir. 1974); Smith v. Losee, 485 F. 2d 334, 338, 340 (10th Cir. 1973).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Martino v. Hogan green
massappct · 1994
2 sentences

2010To be considered before such a step is taken is the fact of the existence of Section 1983 and the State analogue, our Civil Rights Act, G.L.c. 12, [§§]11H & 111: these may be thought, as it were, to occupy the field. 37 Mass.App.Ct. at 720 .

1998Martino, 37 Mass.App.Ct. at 720 .

21998–2010
Parratt v. Taylor red
scotus · 1981
2 sentences

1987Parratt v. Taylor, 451 U.S. 527, 534-535 (1981).

1987Parratt v. Taylor, 451 U.S. 527, 534-535 (1981).

11987–1987
Smith v. Losee green
scotus · 1974
1 sentence

1980From the court’s reference to “appropriate remedies” and its citation of Smith v. Losee, 485 F.2d 334 (10th Cir. 1973), cert. denied, 417 U.S. 908 (1974), in which punitive as well as actual damages were awarded, we conclude that an award of punitive damages, if the right to recover such damages were “proved” by the plaintiff on the record in this case, was within the discretion of the trial judge.

11980–1980
Anthony L. Jannetta v. E. W. Cole, Chief, Rock Hill Fire Department, Anthony L. Jannetta v. E. W. Cole, Chief, Rock Hill Fire Department green
ca4 · 1974
1 sentence

1978See Mabey v. Reagan, 537 F.2d 1036,1045 (9th Cir. 1976); Jannetta v. Cole, 493 F.2d 1334 , 1337 n.5,1338 (4th Cir. 1974); Smith v. Losee, 485 F. 2d 334, 338, 340 (10th Cir. 1973).

11978–1978

Statutes the citing opinions construe

USC § 42u.s.c.1983 (9) MA § Mass. Gen. Laws ch. 12, § 11H (3) 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) CO 9 (1991–2017) MI 9 (1987–2026) PA 9 (1994–2019) KS 9 (1981–2019) OR 8 (1987–2024) CA 8 (1976–2014) ME 7 (1979–2021) NM 7 (1982–2015) VT 7 (1991–2025) NE 6 (2015–2023) CT 6 (1992–2006) AZ 5 (1985–2024) GA 5 (1980–2023) WI 5 (1994–2016) AL 5 (1984–2013) MN 5 (1989–2016) MT 4 (1996–2022) AK 4 (1983–2010) IL 4 (1981–1991) WA 4 (1997–2005) MO 4 (1978–2024) UT 4 (1996–2013) OK 4 (1996–2025) ND 3 (1993–2022) LA 3 (1980–2013) DC 3 (1990–1993) HI 3 (1986–1999) WY 2 (1989–1990) IA 2 (2015–2018) MS 2 (1998–1999) FL 2 (1989–2008) DE 2 (1985–2026) NH 2 (2007–2014)

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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