· 2/2/1981
Bartley Braden v. Texas a & M University System, Etc.
Citations
- 636 F.2d 90
- 1981 U.S. App. LEXIS 20494
- 25 Empl. Prac. Dec. (CCH) 31,539
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that because Section 1983 has no statute of limitations period, federal courts apply the state prescription statute governing the most analogous cause of action
- \If the State had merely breached a contract with [plaintiff] he would have no cause of action under Section 1983.\
- “If the State merely breached a contract with [plaintiff] he would have no cause of action under Section 1983”
- \federal courts apply the state law statute of limitations governing an analogous state cause of action\
- “Section 1983 liability is imposed for subjecting a person to the deprivation of rights secured by the Constitution and the laws of the United States, not for breach of contract.”
- “Just as Section 1983 does not create a cause of action for every state- action tort, it does not make a federal case out of every breach of contract by a state agency.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gee, Rubin, Randall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.