section 1983 subject to suit (Louisiana) · Go Syfert
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section 1983 subject to suit in Louisiana

5 Louisiana opinions name it 1 courts 1985–2015 0 in the last five years

The cases below were cited by Louisiana 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 (1)

CaseFollowedCited
Vernon Dees v. Kenneth Murphy, Etc.green
ca11 · 1986 · cited in 1 Louisiana opinions naming this issue, 1989–1989
1 sentence

1989Clearly, then, under the rationale of Richardson , had this suit been brought in federal court, it would have been dismissed. 6 The federal courts have extended this doctrine beyónd the principals of comity to include the collateral attack of a federal conviction, holding that the federal habeas corpus remedies under 28 U.S.C. § 2255 must first be exhausted prior to bringing a suit under 42 U.S.C. § 1983 on a claim that would “factually undermine [the] conviction.” Dees v. Murphy, 794 F.2d 1543, 1544-45 (11th Cir.1986), quoting Richardson, 651 F.2d at 373 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Lugar v. Edmondson Oil Co. green
scotus · 1982
2 sentences

2015The Court said that it ”d[id] not foreclose the possibility that private defendants faced with § 1983 liability under Lugar v. Edmondson Oil Co., 457 U.S. 922 , 102 S.Ct. 2744 , 73 L.Ed.2d 482 (1982) could be entitled to an affirmative defense based on good faith and/or probable cause or that § 1983 suits against private, rather than governmental, parties could require plaintiffs to carry additional burdens.” Wyatt, 504 U.S., at 169 , 112 S.Ct., at 1834 .

2015The Court said that it ”d[id] not foreclose the possibility that private defendants faced with § 1983 liability under Lugar v. Edmondson Oil Co., 457 U.S. 922 , 102 S.Ct. 2744 , 73 L.Ed.2d 482 (1982) could be entitled to an affirmative defense based on good faith and/or probable cause or that § 1983 suits against private, rather than governmental, parties could require plaintiffs to carry additional burdens.” Wyatt, 504 U.S., at 169 , 112 S.Ct., at 1834 .

12015–2015
Wyatt v. Cole green
scotus · 1992
2 sentences

2015The Court said that it ”d[id] not foreclose the possibility that private defendants faced with § 1983 liability under Lugar v. Edmondson Oil Co., 457 U.S. 922 , 102 S.Ct. 2744 , 73 L.Ed.2d 482 (1982) could be entitled to an affirmative defense based on good faith and/or probable cause or that § 1983 suits against private, rather than governmental, parties could require plaintiffs to carry additional burdens.” Wyatt, 504 U.S., at 169 , 112 S.Ct., at 1834 .

2015The Court said that it ”d[id] not foreclose the possibility that private defendants faced with § 1983 liability under Lugar v. Edmondson Oil Co., 457 U.S. 922 , 102 S.Ct. 2744 , 73 L.Ed.2d 482 (1982) could be entitled to an affirmative defense based on good faith and/or probable cause or that § 1983 suits against private, rather than governmental, parties could require plaintiffs to carry additional burdens.” Wyatt, 504 U.S., at 169 , 112 S.Ct., at 1834 .

12015–2015
Mitchell v. Forsyth green
ca5 · 1999
1 sentence

2001Champagne v. Jefferson Parish Sheriff’s Office, 188 F.3d 312 (5th Cir.1999).

12001–2001
Will v. Michigan Department of State Police green
scotus · 1989
2 sentences

1996In Will, 491 U.S. 58 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 , petitioner, Ray Will, filed Michigan statecourt suits under 42 U.S.C. § 1983 alleging that the respondents, the Department of State Police and the Director of the State Police, in his official capacity, had denied him a promotion for improper reasons.

1996In Will, 491 U.S. 58 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 , petitioner, Ray Will, filed Michigan statecourt suits under 42 U.S.C. § 1983 alleging that the respondents, the Department of State Police and the Director of the State Police, in his official capacity, had denied him a promotion for improper reasons.

11996–1996
Ronald P. Richardson v. Les Fleming green
ca5 · 1981
1 sentence

1989Clearly, then, under the rationale of Richardson , had this suit been brought in federal court, it would have been dismissed. 6 The federal courts have extended this doctrine beyónd the principals of comity to include the collateral attack of a federal conviction, holding that the federal habeas corpus remedies under 28 U.S.C. § 2255 must first be exhausted prior to bringing a suit under 42 U.S.C. § 1983 on a claim that would “factually undermine [the] conviction.” Dees v. Murphy, 794 F.2d 1543, 1544-45 (11th Cir.1986), quoting Richardson, 651 F.2d at 373 .

11989–1989
Imbler v. Pachtman green
scotus · 1976
2 sentences

1985In Imbler v. Pachtman, 424 U.S. 409 , 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976), the United States Supreme Court discussed prosecutorial immunity to suit under 42 U.S.C. § 1983 .

1985In Imbler v. Pachtman, 424 U.S. 409 , 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976), the United States Supreme Court discussed prosecutorial immunity to suit under 42 U.S.C. § 1983 .

11985–1985

Statutes the citing opinions construe

USC § 42u.s.c.1983 (5)

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 49 (1980–2025) CA 38 (1985–2023) NY 25 (1975–2022) PA 24 (1981–2026) WA 21 (1980–2016) NJ 17 (1978–2021) IN 16 (1991–2023) IL 16 (1976–2025) OH 15 (1988–2020) MA 14 (1980–2024) NC 14 (1994–2020) MD 13 (1982–2019) ME 11 (1982–2026) AK 11 (1978–2020) NM 11 (1985–2018) MN 10 (1981–2011) TN 10 (1981–2017) FL 9 (1981–2007) AL 9 (1984–2014) CO 9 (1985–2020) CT 8 (2001–2026) WI 7 (1979–2022) DC 7 (1991–2015) MS 7 (1991–2007) VT 7 (1990–2020) AR 6 (1998–2019) VA 5 (1988–2020) AZ 5 (1986–2005) LA 5 (1985–2015) KS 5 (1995–2017) ND 4 (1983–2022) WV 4 (1982–2024) OR 4 (1988–2024) MO 4 (1997–2019) NV 4 (1995–2009) IA 4 (1979–2006) MI 4 (1985–1995) ID 3 (1999–2007) KY 3 (1990–2014) GA 3 (1976–1993) RI 2 (1996–2005) OK 2 (1976–2003) MT 2 (2003–2006) NE 2 (2004–2022)

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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