· 10/10/1980
Marrapese v. Rhode Island
Citations
- 500 F. Supp. 1207
- 1980 U.S. Dist. LEXIS 14049
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that R.I.G.L. § 9-31-1 constitutes a waiver of Eleventh Amendment immunity for actions brought against the State pursuant to 42 U.S.C. § 1983, at least in so far as the conduct would have been tortious at common law
- noting § 9-1-31 's broad language in finding of waiver of governmental immunity to extend to federal, as well as state, tort suits
- Legislature took no action for five years following United States District Court's first opinion that the State statute contemplated suit in Federal courts
- Legislature took no action for five years following United States District Court’s first opinion that the State statute contemplated suit in Federal courts
- state waived 11th Amendment immunity via tort claims statute that unambiguously consented to tort suits without jurisdictional restriction
- “Rhode Island, through the enactment of § 9-31-1, did consent to lability under § 1983, at least insofar as the challenged official conduct would have been tortious at common law.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Pettine
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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