Skip to main content
· 4/4/1983

Kush v. Rutledge

Citations

  • 460 U.S. 719
  • 103 S. Ct. 1483
  • 75 L. Ed. 2d 413
  • 1983 U.S. LEXIS 142
  • 51 U.S.L.W. 4356

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that § 1985(2) requires no intent to discriminate when addressing federal courts
  • explaining that “Congress did not intend to impose a requirement of class-based animus on persons seeking to prove a violation of their rights under the first clause of § 1985(2),” but that requirement remains in claims under the second clause of § 1985(2) and § 1985(3)
  • construing Section 1985(2) to require an allegation of racial or class-based invidiously discriminatory animus
  • “the civil remedy for a violation of any of the subsections is found at the end of § 1985(3)”
  • a minor battery by a prison guard may not suffice to state a claim under section 1983 based upon an eighth amendment violation
  • Pennhurst II appears to permit a suit under state law against a state official for damages to be paid by the officer personally rather than by the state

Source: CourtListener parenthetical corpus (CC0).

Judges: Stevens

Read full opinion on CourtListener

Sourced 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.