section 1983 sued (Ohio) · Go Syfert
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section 1983 sued in Ohio

9 Ohio opinions name it 2 courts 1985–2019 0 in the last five years

The cases below were cited by Ohio 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 (2)

CaseFollowedCited
Monell v. New York City Dept. of Social Servs.green
scotus · 1978 · cited in 4 Ohio opinions naming this issue, 1995–2019
2 sentences

2019As the majority points out, the only defendant left in this case is the city of Oberlin, and “a local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents.” Monell v. Dept. of Social Servs., 436 U.S. 658, 694 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978).

2019As the majority points out, the only defendant left in this case is the city of Oberlin, and “a local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents.” Monell v. Dept. of Social Servs., 436 U.S. 658, 694 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978).

24
Vickey Searcy, of the Estate of Lawrence Eugene Hileman, and Jerry L. Smith v. City of Dayton and James E. Newby, Roger W. Waller and Dennis Michaelgreen
ca6 · 1994 · cited in 1 Ohio opinions naming this issue, 2018–2018
1 sentence

2018In order to prove a claim under §1983, “a plaintiff must establish: (1) that he was deprived of a right secured by the Constitution or laws of the United States, and (2) that he was subjected to or caused to be subjected to this deprivation by a person acting under color of state law.” Searcy v. City of Dayton, 38 F.3d 282, 286 (6th Cir.1994), citing Flagg Bros. v. Brooks, 436 U.S. 149, 155 , 98 S.Ct. 1729 , 56 L.Ed.2d 185 (1978). {¶22} A governmental official sued under 42 U.S.C. §1983 may assert the defense of qualified immunity when their conduct “does not violate clearly established -5- st

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

CaseCitedYears
Flagg Bros., Inc. v. Brooks green
scotus · 1978
2 sentences

2018In order to prove a claim under §1983, “a plaintiff must establish: (1) that he was deprived of a right secured by the Constitution or laws of the United States, and (2) that he was subjected to or caused to be subjected to this deprivation by a person acting under color of state law.” Searcy v. City of Dayton, 38 F.3d 282, 286 (6th Cir.1994), citing Flagg Bros. v. Brooks, 436 U.S. 149, 155 , 98 S.Ct. 1729 , 56 L.Ed.2d 185 (1978). {¶22} A governmental official sued under 42 U.S.C. §1983 may assert the defense of qualified immunity when their conduct “does not violate clearly established -5- st

2018In order to prove a claim under §1983, “a plaintiff must establish: (1) that he was deprived of a right secured by the Constitution or laws of the United States, and (2) that he was subjected to or caused to be subjected to this deprivation by a person acting under color of state law.” Searcy v. City of Dayton, 38 F.3d 282, 286 (6th Cir.1994), citing Flagg Bros. v. Brooks, 436 U.S. 149, 155 , 98 S.Ct. 1729 , 56 L.Ed.2d 185 (1978). {¶22} A governmental official sued under 42 U.S.C. §1983 may assert the defense of qualified immunity when their conduct “does not violate clearly established -5- st

12018–2018
Harlow v. Fitzgerald green
scotus · 1982
2 sentences

2018No. 26078, 2015-Ohio-1943 , ¶ 20, quoting Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982).

2018No. 26078, 2015-Ohio-1943 , ¶ 20, quoting Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982).

12018–2018
Johnson v. Fankell green
scotus · 1997
2 sentences

2001Johnson v. Fankell (1997), 520 U.S. 911, 914 , 117 S.Ct. 1800, 1803 , 138 L.Ed.2d 108, 113-114 .

2001Johnson v. Fankell (1997), 520 U.S. 911, 914 , 117 S.Ct. 1800, 1803 , 138 L.Ed.2d 108, 113-114 .

12001–2001
In Re Appeal of Ford green
ohioctapp · 1982
2 sentences

1989This court stated in In re Appeal of Ford (1982), 3 Ohio App.3d 416 , 3 OBR 484, 446 N.E.2d 214 , that “the State Teachers Retirement Board is a state agency.” Id. at 418 , 3 OBR at 486, 446 N.E.2d at 216 .

1989This court stated in In re Appeal of Ford (1982), 3 Ohio App.3d 416 , 3 OBR 484, 446 N.E.2d 214 , that “the State Teachers Retirement Board is a state agency.” Id. at 418 , 3 OBR at 486, 446 N.E.2d at 216 .

11989–1989
Burkey v. Southern Ohio Correctional Facility green
ohioctapp · 1988
2 sentences

1989This court stated in Burkey v. Southern Ohio Correctional Facility (1988), 38 Ohio App.3d 170 , 528 N.E.2d 607 , that “state agencies are not ‘persons’ and cannot be sued under Section 1983.” Id. at 171 , 528 N.E.2d at 608 .

1989This court stated in Burkey v. Southern Ohio Correctional Facility (1988), 38 Ohio App.3d 170 , 528 N.E.2d 607 , that “state agencies are not ‘persons’ and cannot be sued under Section 1983.” Id. at 171 , 528 N.E.2d at 608 .

11989–1989
Edwin Edelberg v. The Illinois Racing Board green
ca7 · 1976
1 sentence

1988Edelberg v. Illinois Racing Bd. (C.A. 7, 1976), 540 F. 2d 279 ; Thompson v. Burke (C.A. 3, 1977), 556 F. 2d 231 .

11988–1988
Leroy Thompson v. Parole Supervisor Burke, Pennsylvania Parole Board Member Jefferson, and Parole Agent Strickler green
ca3 · 1977
1 sentence

1988Edelberg v. Illinois Racing Bd. (C.A. 7, 1976), 540 F. 2d 279 ; Thompson v. Burke (C.A. 3, 1977), 556 F. 2d 231 .

11988–1988
Quern v. Jordan red
scotus · 1979
1 sentence

1988Quern v. Jordan, supra. Likewise, state agencies are not “persons” and cannot be sued under Section 1983.

11988–1988
Stump v. Sparkman green
scotus · 1978
2 sentences

1985In Stump v. Sparkman (1978), 435 U.S. 349 , the Supreme Court held the following with regard to the scope of a judge’s immunity from damages liability when sued pursuant to Section 1983, Title 42, U.S. Code: “* * * A judge will not be deprived of immunity because the action he took was in error, was done maliciously, or was in excess of his authority; rather, he will be subject to liability only when he has acted in the ‘clear absence of all jurisdiction.’ ” Id. at 356-357 .

1985In Stump v. Sparkman (1978), 435 U.S. 349 , the Supreme Court held the following with regard to the scope of a judge’s immunity from damages liability when sued pursuant to Section 1983, Title 42, U.S. Code: “* * * A judge will not be deprived of immunity because the action he took was in error, was done maliciously, or was in excess of his authority; rather, he will be subject to liability only when he has acted in the ‘clear absence of all jurisdiction.’ ” Id. at 356-357 .

11985–1985

Statutes the citing opinions construe

USC § 42u.s.c.1983 (9) OH § Ohio Rev. Code § 2743.02 (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 29 (1987–2024) CA 21 (1982–2025) IN 18 (1980–2026) NC 14 (1994–2013) IL 14 (1986–2026) PA 14 (1987–2025) NY 10 (1978–2021) WA 10 (1981–2021) NJ 10 (1981–2015) LA 9 (1983–2021) TN 9 (1990–2025) OH 9 (1985–2019) NM 9 (1991–2009) MS 8 (1982–2008) AL 7 (1991–2014) MO 6 (1988–2025) MI 5 (1985–2020) KS 5 (1982–2025) SC 5 (1994–2020) FL 5 (1985–2023) GA 5 (1985–2009) AR 5 (1984–2023) ME 5 (1990–2026) AZ 5 (1989–2017) WY 4 (1992–2024) NE 4 (2007–2015) NV 4 (1991–2015) MD 4 (1995–2022) DC 4 (1981–2012) IA 4 (1984–2021) WV 4 (1990–2020) MN 4 (1985–1997) CO 4 (1989–1998) MT 4 (1997–2015) OR 4 (1988–2019) MA 3 (1998–2018) CT 3 (1997–2024) WI 3 (2004–2026) ND 3 (1991–2006) UT 3 (1993–1994) OK 3 (1979–1987) VA 3 (1987–2022) VT 2 (1990–2024) DE 2 (1993–2025) AK 2 (1996–2006) SD 2 (1997–2000) ID 2 (1987–2019) HI 2 (1995–2015) RI 2 (2004–2010)

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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