See e.g., Gonzaga University v. Doe, 536 U.S. 273 (2002) ; see 42 USC 1983: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. Bryan v. MacPherson, 630 F.3d 805 (9th Cir. 2010). San Jose Charter of the Hell’s Angels Motorcycle Club v. City of San Jose, 402 F.3d 963 (9th Cir. 2005). U.S. v. Lanier, 520 U.S. 259 (1997). Maine v. Thiboutot, 448 U.S. 1, 100 S. Ct. 2502 (1980). Cortez v. County of Los Angeles, 294 F.3d 1186 (9th Cir. 2002). Maine v. Thiboutot, Supra. Bryan v. MacPherson, Supra. Cortez v. County of Los Angeles, Supra. Maine v. Thiboutot, Supra. Screws v. United States, 325 U.S. 91 (1945). Home Telephone & Telegraph Co. v. Los Angeles, 227 U.S. 278 (1913). See Monroe v. Pape, 365 U.S. 167 (1961). Polk County v. Dodson, 454 U.S. 312 (1981). Dennis v. Sparks, 449 U.S. 24 (1980). Wheeldin v. Wheeler, 373 U.S. 647 (1963). Tongol v. Usery, 601 F.2d 1091 (9th Cir. 1979). Dennis v. Sparks, Supra; Bivens claims (a.k.a. Bivens action) under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Monell v. Department of Social Services, 436 U.S. 658 (1978). The Eleventh Amendment prevents states from being sued in federal court. Will v. Michigan Department of State Police 491 U.S. 58 (1989) decided that states are not considered a “person” that can be sued under Section 1983, blocking lawsuits in state court. Maine v. Thiboutot, Supra. Will v. Michigan Department of State Police, Supra. City of Newport v. Fact Concerts, 453 U.S. 247 (1981). Imbler v. Pachtman, 424 U.S. Supreme Court 409 (1976); 42 U.S. Code § 1983 (“In any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.”). Stump v. Sparkman, 435 U.S. 349 (1978). Tenney v. Brandhove, 341 U.S. 367 (1951). Harlow v. Fitzgerald, 457 U.S. 800 (1982). Owen v. City of Independence, 445 U.S. 622 (1980). Owens v. Okure, 488 U.S. 235 (1989).

Posted by Deleted (542eb1b0) at 2020-10-23 10:39:06 UTC