· 5/1/1987
Laurel C. Thomas v. Walter Shipka, in His Capacity as Clerk of the Parma Municipal Court
Citations
- 818 F.2d 496
- 1987 U.S. App. LEXIS 5664
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “in cases where a plaintiff states a constitutional claim under 42 U.S.C. § 1983, that statute is the exclusive remedy for the alleged constitutional violations”
- concluding “that it is unnecessary and needlessly redundant to imply a cause of action arising directly under the Constitution where Congress has already provided a statutory remedy of equal effectiveness through which the plaintiff could have vindicated [his] constitutional rights”
- suggesting section 1983 is the exclusive remedy for constitutional claims after Monell
- § 1983 provides exclusive remedy for constitutional claims brought against state and local officials and local units of government
- “§ 1983 is the exclusive means for a party to recover for constitutional violations allegedly committed by government personnel”
- “The Supreme Court has never recognized a cause of action arising directly under the Constitution in a case where § 1983 was available as a remedy.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Engel, Krupansky, Guy
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.