green
Positive treatment
Quoted verbatim 2×
6.6 score
“plaintiff has no cause of action directly under the united states 12 constitution. we have previously held that a litigant complaining of a violation of a 13 constitutional right must utilize 42 u.s.c. 1983”
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995
2010
2026
Top citers, strongest first. 14 distinct citers.
discussed
Cited "but see"
Manning v. ENERGY, MINERALS
But see Azul-Pacifico, Inc. v. City of Los Angeles, 973 F.2d 704, 705 (9th Cir.1992) (takings claim against the city based directly on the Constitution was barred because 42 U.S.C. § 1983 could be utilized instead), cert. denied, 506 U.S. 1081 , 113 S.Ct. 1049 , 122 L.Ed.2d 357 (1993). {34} The South Dakota Supreme Court and the Oregon Court of Appeals also examined the same question that we address here.
discussed
Cited "but see"
Manning v. Mining & Minerals Division of the Energy, Minerals, & Natural Resources Department
But see Azul-Pacifico, Inc. v. City of Los Angeles, 973 F.2d 704, 705 (9th Cir.1992) (takings claim against the city based directly on the Constitution was barred because 42 U.S.C. § 1983 could be utilized instead), cert. denied, 506 U.S. 1081 , 113 S.Ct. 1049 , 122 L.Ed.2d 357 (1993). {34} The South Dakota Supreme Court and the Oregon Court of Appeals also examined the same question that we address here.
examined
Cited as authority (quoted)
Turner v. Mary Place
plaintiff has no cause of action directly under the united states 12 constitution. we have previously held that a litigant complaining of a violation of a 13 constitutional right must utilize 42 u.s.c. 1983
discussed
Cited as authority (quoted)
Ehrlich v. Nynex Corp.
ny modification to a plan must be implemented in conformity with the formal amendment procedures and must be in writing.
cited
Cited "see"
Donald E. Booker v. Joel Christian Koury
See Stone v. City and County of San Francisco, 968 F.2d 850 , 24 855-56 (9th Cir. 1992), cert. denied, 506 U.S. 1081 (1993).
discussed
Cited "see"
City of Hammond v. Herman & Kittle Properties, Inc.
See id. at 208. 16 When enacted in 1851, Section 22 originally prohibited special laws "in relation to fees and salaries." Because officials in larger and more populous counties provided more services, they collected more fees than officials in smaller counties, and Section 22 was amended in 1881 to add the provision that "laws may be so made as to grade the compensation of officers in proportion to the population and necessary services required." The section was further amended in 1984 as part of an overall revision "designed to make the Indiana Constitution more understandable through the us…
cited
Cited "see"
ca9 1997
See Stone v. City and County of San Francisco, 968 F.2d 850, 854-55 (9th Cir.1992), cert. denied, 506 U.S. 1081 , 113 S.Ct. 1050 , 122 L.Ed.2d 358 (1993).
cited
Cited "see"
Hook v. Arizona Department of Corrections
See Stone v. City and County of San Francisco, 968 F.2d 850, 854-55 (9th Cir.1992), ce rt. denied, 506 U.S. 1081 , 113 S.Ct. 1050 , 122 L.Ed.2d 358 (1993).
discussed
Cited "see"
Louise Mullins v. Blue Cross & Blue Shield of Virginia, Incorporated, & Third-Party v. Random Supply Company, Incorporated, Third-Party
See 29 U.S.C. §§ 1132 (a)(1) (“A civil action may be brought ... by a participant or beneficiary_”), 1002(7) (defining a participant as “any employee or former employee of an employer ... who is or may become eligible to receive a benefit of any type from an employee benefit plan which covers employees of such employer .... ”), because she was never an employee of Random Supply, see Mullins, 859 F.Supp. at 207 , and because principles of equitable estoppel do not apply to vary the written terms of an ERISA plan by virtue of this court’s holding in Coleman v. Nationwide Life Insuran…
discussed
Cited "see"
Quality Refrigerated Services, Inc. v. City of Spencer
See Azul-Pacifico, Inc. v. City of Los Angeles, 973 F.2d 704, 705 (9th Cir.1992) (“Plaintiff has no cause of action directly under the United States Constitution.”), cert. denied, 506 U.S. 1081 , 113 S.Ct. 1049 , 122 L.Ed.2d 357 (1993).
discussed
Cited "see, e.g."
The Armand Hammer Foundation, Inc. v. Hammer International Foundation
Ordinarily, “[i]t does not matter what the intent of the [party] 8 was when [it] violated the court’s order.” In re Crystal Palace, 817 F.2d at 1365 9 (citing McComb, 336 U.S. at 191). 10 Nevertheless, courts may consider a noncompliant party’s subjective intent in 11 making a contempt determination, as “civil contempt sanctions may be warranted 12 when a party acts in bad faith,” and “a party’s good faith, even where it does not bar 13 civil contempt, may help to determine an appropriate sanction.” Taggart, 139 S. Ct. at 14 1802 (citations omitted); see also Stone v. City & …
discussed
Cited "see, e.g."
Raymond McNeil Love v. Mike Herron, Daryl Kent, Jerry Jones, and Pen Products Correctional Industries (mem. dec.)
Benedetto v. Ind. Univ., 707 N.E.2d 1062, 1063 (Ind. Ct. App. 1999); see also Azul-Pacifico, Inc. v. City of Los Angeles, 973 F.2d 704, 705 (9th Cir. 1992) (collecting cases), cert. denied, 506 U.S. 1081 (1993).
discussed
Cited "see, e.g."
Boise Cascade Corp. v. State Board of Forestry
See, e.g., Azul-Pacifico, Inc. v. City of Los Angeles, 973 F2d 704, 705 (9th Cir 1992), cert den 506 US 1081 (1993) (Takings plaintiff had “no cause of action directly under the United States Constitution.
cited
Cited "see, e.g."
Benedetto v. Indiana University
See also Azul-Pacifico, Inc. v. Los Angeles, 973 F.2d 704, 705 (9th Cir.1992), cert. denied, 506 U.S. 1081 , 113 S.Ct. 1049 , 122 L.Ed.2d 357 (1993).
Moore
v.
Gwinnett County
v.
Gwinnett County
No. 92-884.
Supreme Court of the United States.
Jan 19, 1993.
Published
Citer courts: S.D. New York (1) · W.D. Washington (1)
C. A. 11th Cir. Certiorari denied.