section 1983 liability (Hawaii) · Go Syfert
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section 1983 liability in Hawaii

7 Hawaii opinions name it 2 courts 1986–2025 1 in the last five years

The cases below were cited by Hawaii 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 (7)

CaseFollowedCited
Makanui v. Department of Educationgreen
hawapp · 1986 · cited in 3 Hawaii opinions naming this issue, 1988–2014
2 sentences

2014Makanui v. Dep't of Educ., 6 Haw. App. 397, 406, 721 P.2d 165, 171 (1986).

1992App. 397, 405-07 , 721 P.2d 165, 171-72 (1986) (The ICA held that Hawaii had not waived its sovereign immunity from § 1983 damages liability, and those claims against the state and state officials in their official capacities were therefore barred. 20 See also HRS chs. 661, 662, 673 and 674 (waiving the State’s sovereign immunity in certain cases).

33
Imbler v. Pachtmangreen
scotus · 1976 · cited in 1 Hawaii opinions naming this issue, 2025–2025
1 sentence

2025Imbler v. Pachtman, 424 U.S. 409, 420 (1976) (prosecutors enjoy “absolute immunity from § 1983 suits for damages when [they] act[] within the scope of [their] prosecutorial duties”); Van de Kamp v. Goldstein, 555 U.S. 335, 343 (2009) (absolute immunity from § 1983 liability attaches “when a prosecutor prepares to initiate a judicial proceeding” or “appears in court to present evidence in support of a search warrant application”).

11
Van de Kamp v. Goldsteingreen
scotus · 2009 · cited in 1 Hawaii opinions naming this issue, 2025–2025
1 sentence

2025Imbler v. Pachtman, 424 U.S. 409, 420 (1976) (prosecutors enjoy “absolute immunity from § 1983 suits for damages when [they] act[] within the scope of [their] prosecutorial duties”); Van de Kamp v. Goldstein, 555 U.S. 335, 343 (2009) (absolute immunity from § 1983 liability attaches “when a prosecutor prepares to initiate a judicial proceeding” or “appears in court to present evidence in support of a search warrant application”).

11
City of Canton v. Harrisred
scotus · 1989 · cited in 1 Hawaii opinions naming this issue, 1994–1994
1 sentence

1994The United States Supreme Court held that “inadequacy of police training may serve as the basis for [the city’s] § 1983 liability only where the failure to train amounts to deliberate indifference to the rights of persons with whom the police come into contact.” Id. at 388, 109 S.Ct. at 1204 (emphasis added).

11
Monell v. New York City Dept. of Social Servs.green
scotus · 1978 · cited in 1 Hawaii opinions naming this issue, 1994–1994
2 sentences

1994However, as explained in Monell , “the fact that Congress did specifically provide that A’s [ (Aim’s) ] tort became B’s [ (the City’s) ] liability if B [ (the City) ] ‘caused’ A [ (Aim) ] to *228 subject another to a tort suggests that Congress did not intend § 1983 liability to attach where such causation was absent.” Monell, 436 U.S. at 692 , 98 S.Ct. at 2036 (citation omitted).

1994However, as explained in Monell , “the fact that Congress did specifically provide that A’s [ (Aim’s) ] tort became B’s [ (the City’s) ] liability if B [ (the City) ] ‘caused’ A [ (Aim) ] to *228 subject another to a tort suggests that Congress did not intend § 1983 liability to attach where such causation was absent.” Monell, 436 U.S. at 692 , 98 S.Ct. at 2036 (citation omitted).

11
Varela v. Jonesgreen
ca10 · 1984 · cited in 1 Hawaii opinions naming this issue, 1986–1986
1 sentence

1986Monell v. New York City Dept. of Social Services, supra. “[I]t is liable only if its employees deprived plaintiff of [his] constitutional rights pursuant to a policy or custom of the city.” Varela v. Jones, 746 F.2d 1413, 1418 (10th Cir. 1984).

11
Martinez v. Californiagreen
scotus · 1980 · cited in 1 Hawaii opinions naming this issue, 1986–1986
2 sentences

1986Martinez v. California, 444 U.S. 277 , 284 n.8, 100 S.Ct. 553, 558 , 62 L.Ed.2d 481, 488 (1980).

1986Martinez v. California, 444 U.S. 277 , 284 n.8, 100 S.Ct. 553, 558 , 62 L.Ed.2d 481, 488 (1980).

11

Distinguished, questioned or overruled (0)

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

Statutes the citing opinions construe

USC § 42u.s.c.1983 (7)

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

CA 103 (1967–2026) TX 89 (1980–2026) NJ 47 (1984–2025) NY 45 (1977–2024) MA 39 (1982–2025) PA 39 (1979–2026) IL 38 (1980–2024) OH 38 (1985–2024) WA 34 (1981–2026) CT 29 (1990–2024) GA 29 (1986–2023) MD 28 (1982–2024) IN 27 (1982–2019) CO 27 (1985–2017) MI 27 (1983–2025) FL 26 (1985–2025) NM 25 (1973–2026) AL 25 (1979–2026) LA 24 (1980–2021) NC 23 (1988–2021) WI 17 (1983–2026) TN 17 (1993–2024) VT 17 (1989–2026) MN 15 (1976–2007) MS 15 (1984–2024) AZ 14 (1988–2025) DC 12 (1973–1999) ME 12 (1986–2015) IA 11 (1985–2024) OK 11 (1981–2011) AK 10 (1981–2022) OR 10 (1988–2022) MO 10 (1986–2021) SD 9 (1982–2021) WV 9 (1990–2020) SC 9 (1985–2023) AR 9 (1993–2026) MT 8 (1991–2022) RI 8 (1988–2009) ID 7 (1982–2013) VA 7 (1989–2026) HI 7 (1986–2025) WY 7 (1983–2024) ND 7 (1986–2026) NE 6 (1990–2017) NV 6 (1994–2021) UT 5 (1981–2024) DE 5 (1995–2026) KS 5 (1984–2001) NH 4 (1984–1987) KY 2 (2011–2023) VI 2 (2012–2024)

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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