Topic: what started out as a presumption in favor of implied right… · Go Syfert
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Topic #1302

5 canonical passages across 5 cases, quoted by 23 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Scott Callahan v. Fed. Bureau of Prisons.

#Case FlagCanonical passage Citers
1 Scott Callahan v. Fed. Bureau of Prisons Anchor
ca6 · 2020
green “what started out as a presumption in favor of implied rights of action has become a firm presumption against them.” 9
2 Shields v. Gerhart
vt · 1995
green “where the legislature has provided a remedy, although it may not be as effective for the plaintiff as money damages, we will ordinarily defer to the statutory remedy and refuse to supplement it.” 4
3 Salminen v. Morrison & Frampton
mont · 2014
green “since the salminens have a basis in law for a claim to redress this allegation, they need not proceed under the constitution.” 4
4 Brown v. State of New York
ny · 1996
green “a civil damage remedy cannot be implied for a violation of the state constitutional provision unless the provision is self- executing . . . .” 3
5 Lum v. Koles
alaska · 2013
green “the alternative remedies do not need to provide the same level of protection, 'may include federal remedies,' 'need not be an exact match,' and are alternatives even if no longer procedurally available.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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