In Haywood v. Drown, published on May 26, 2009, the U.S. Supreme Court struck down a New York State statute that divested state courts of jurisdiction over 42 U.S.C. section 1983 suits brought by prisoners against state correctional officers. The statute limited prisoners who sued in state court to a court of limited jurisdiction that could not award attorney fees or punitive damages. The Supreme Court held that the Supremecy Clause requires state courts to entertain section 1983 suits unless Congress expressly provides otherwise.
Recent Posts
- First Amendment May Not Bar Ejecting Public Meeting Attending for Objecting to Procedural Matters
- Statute That Prescribes a Negative HIV Test "Shall Be Required of" a Boxer Imposes Mandatory Duty on State Not to Issue License Without the Test
- Changed Conditions Do Not Defeat Design Immunity if the Design Anticipated the Change
- California Cities Have the Right to Regulate Cellphone Towers Based on Aesthetics
- Plaintiff Can Reserve Right to Litigate Federal Claims in Federal Court Even if State Court Strikes Reservation of Right to Do So
- California Appellate Court: No Due Process or "Class of One" Equal Protection Cause of Action for City Rejection of Development Project at EIR Stage
- Sacramento Court of Appeal Limits Scope of Mary M.'s Holding
- First DCA Concludes That Subdivision Map Act Provision Preempts Local Regulation of Mobilehome Park Conversions
- Public Employer's Behavior Policies Do Not Create Mandatory Duty Liability for Allegedly Negligent Investigation of Whistleblower Retaliation
- Confidentiality Clauses in Public Entity Contracts are Enforceable
« California Supreme Court Upholds Proposition 8 | Main | School Districts May Owe Duty to Children Getting Off School Bus »
Verify your Comment
Previewing your Comment
This is only a preview. Your comment has not yet been posted.
Your comment could not be posted. Error type:
Your comment has been posted. Post another comment
As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.
Having trouble reading this image? View an alternate.
Comments