federal civil rights claim (New York) · Go Syfert
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federal civil rights claim in New York

9 New York opinions name it 2 courts 1981–2014 0 in the last five years

The cases below were cited by New York 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 (4)

CaseFollowedCited
People v. Doshigreen
ny · 1999 · cited in 2 New York opinions naming this issue, 2014–2014
2 sentences

2014Here, there is more than a “reasonable possibility” that the trial court’s erroneous instruction on the state battery claim influenced “in a meaningful way” the jury’s ability to deliberate fairly on the federal excessive force claim (People v Doshi, 93 NY2d 499, 505 [1999] [internal quotation marks omitted]), given that both claims arose out of the same set of facts, and were legally interrelated.

2014Here, there is more than a “reasonable possibility” that the trial court’s erroneous instruction on the state battery claim influenced “in a meaningful way” the jury’s ability to deliberate fairly on the federal excessive force claim (People v Doshi, 93 NY2d 499, 505 [1999] [internal quotation marks omitted]), given that both claims arose out of the same set of facts, and were legally interrelated.

22
423 South Salina Street, Inc. v. City of Syracusegreen
ny · 1986 · cited in 2 New York opinions naming this issue, 1988–2002
2 sentences

2002A federal civil rights claim is a personal injury claim that is governed by the three-year statute of limitations contained in CPLR 214 (5) (423 S. Salina St. v City of Syracuse, 68 NY2d 474 , cert denied 481 US 1008 ; D&S Realty Dev. v Town of Huntington, 295 AD2d 306 ; Matter of Beers v Incorporated Vil. of Floral Park, 262 AD2d 315 ).

1988Indeed, as noted by the Court of Appeals in 423 S. Salina St. v City of Syracuse (supra, at 489), resolution of the issue involves interpretation of a Federal statute and the issue has not yet been addressed by the United States Supreme Court, nor is there agreement among various lower Federal courts which have considered the issue.

12
Monell v. New York City Dept. of Social Servs.green
scotus · 1978 · cited in 1 New York opinions naming this issue, 1990–1990
2 sentences

1990(Monell v New York City Dept. of Social Servs., 436 US 658, 690-691 [1978].) In the instant case, even were Rodriguez to have met the Monell requirement for bringing the Federal civil rights claim, he is nevertheless barred from recovering on this claim because a plaintiff may not recover under both 42 USC § 1983 and State tort law, if both claims are based on the same facts.

1990(Monell v New York City Dept. of Social Servs., 436 US 658, 690-691 [1978].) In the instant case, even were Rodriguez to have met the Monell requirement for bringing the Federal civil rights claim, he is nevertheless barred from recovering on this claim because a plaintiff may not recover under both 42 USC § 1983 and State tort law, if both claims are based on the same facts.

11
Savage v. Snowgreen
nysd · 1983 · cited in 1 New York opinions naming this issue, 1990–1990
1 sentence

1990(Savage v Snow, 575 F Supp 828, 837 [SD NY 1983].) Therefore, since summary judgment is granted in favor of Rodriguez with regard to the issue of liability on the false arrest claim, he is barred from recovering on his Federal civil rights claim.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

CaseCitedYears
Beers v. Incorporated Village of Floral Park green
nyappdiv · 1999
1 sentence

2002A federal civil rights claim is a personal injury claim that is governed by the three-year statute of limitations contained in CPLR 214 (5) (423 S. Salina St. v City of Syracuse, 68 NY2d 474 , cert denied 481 US 1008 ; D&S Realty Dev. v Town of Huntington, 295 AD2d 306 ; Matter of Beers v Incorporated Vil. of Floral Park, 262 AD2d 315 ).

12002–2002
Williams v. Lynaugh green
scotus · 1987
1 sentence

2002A federal civil rights claim is a personal injury claim that is governed by the three-year statute of limitations contained in CPLR 214 (5) (423 S. Salina St. v City of Syracuse, 68 NY2d 474 , cert denied 481 US 1008 ; D&S Realty Dev. v Town of Huntington, 295 AD2d 306 ; Matter of Beers v Incorporated Vil. of Floral Park, 262 AD2d 315 ).

12002–2002
D & S Realty Development, L.P. v. Town of Huntington green
nyappdiv · 2002
1 sentence

2002A federal civil rights claim is a personal injury claim that is governed by the three-year statute of limitations contained in CPLR 214 (5) (423 S. Salina St. v City of Syracuse, 68 NY2d 474 , cert denied 481 US 1008 ; D&S Realty Dev. v Town of Huntington, 295 AD2d 306 ; Matter of Beers v Incorporated Vil. of Floral Park, 262 AD2d 315 ).

12002–2002
Mark Cook v. Roberta Sheldon and Nelson Saldana, New York State Troopers green
ca2 · 1994
1 sentence

1999He cites as damages loss of financing and banking relationships, and further asserts that abuse of process alone sufficiently establishes a Federal civil rights claim (see, Cook v Sheldon, 41 F3d 73, 80 , supra).

11999–1999
Nicastro v. Park green
nyappdiv · 1985
1 sentence

1991In light of the court’s charge, therefore, the verdict was not inconsistent; it was, in fact, fully supported by the weight of the evidence (see, e.g., Nicastro v Park, 113 AD2d 129 ).

11991–1991
Keasler v. Granat green
scotus · 1983
1 sentence

1987Finally, it was not error for Special Term to dismiss the Federal civil rights claim asserted under 42 USC § 1983 for failure to serve a notice of claim (see, Mills v County of Monroe, 59 NY2d 307 , cert denied 464 US 1018 ).

11987–1987
Mills v. County of Monroe green
ny · 1983
1 sentence

1987Finally, it was not error for Special Term to dismiss the Federal civil rights claim asserted under 42 USC § 1983 for failure to serve a notice of claim (see, Mills v County of Monroe, 59 NY2d 307 , cert denied 464 US 1018 ).

11987–1987
Fitzgerald v. Lyons green
nyappdiv · 1972
1 sentence

1981Here, the Federal civil rights claim under sections 1983 and 1985 is a tort action against police officers to whom the municipality has a duty to indemnify under section 50-j of the General Municipal Law, which makes the municipality the real party in interest (see Fitzgerald v Lyons, 39 AD2d 473, 474 ).

11981–1981
Davis v. Krauss green
nyed · 1979
1 sentence

1981Consequently, the one-year and 90-day Statute of Limitations of section 50-i of the General Municipal Law applies (Davis v Krauss, 478 F Supp 823 ; Yash Pal Gupta v Eygabroat, US Dist Ct, WDNY, Sept. 23, 1980, No. 80-251).

11981–1981

Statutes the citing opinions construe

USC § 42u.s.c.1983 (6)

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 28 (1990–2022) NY 9 (1981–2014) WI 8 (1987–2013) FL 8 (1996–2012) IL 7 (1992–2009) WA 6 (2000–2005) AL 5 (1998–2015) ME 4 (2002–2022) NJ 4 (1982–2014) MI 3 (1997–2019) PA 3 (1997–2022) TN 3 (2001–2025) KY 3 (1992–1997) MA 3 (1981–2014) NM 3 (1997–2014) IA 3 (1983–2014) AR 2 (2014–2017) OK 2 (1989–1996) LA 2 (1991–2024) OR 2 (1988–1995) CO 2 (2000–2020) UT 2 (1990–1994) DC 2 (1996–2005) TX 2 (2012–2012)

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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