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· 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 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.