· 12/16/1997
Ronald E. Stevens, Individually and as Guardian of the Person and Estate of Bradley Edwin Stevens, a Disabled Person v. Richard Umsted
Citations
- 131 F.3d 697
- 1997 U.S. App. LEXIS 35305
- 1997 WL 769195
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a § 1983 complaint “that fails to specify the capacity in which the defendants are being sued is ordinarily construed to be against them in their official capacity”
- noting that state laws “do not ¡clear- • ly establish a violation of a constitutional right as required for a § 1983 action”
- holding that a school superintendent’s failure to remove students who sexually assaulted the disabled plaintiff, and his failure to place the plaintiff in a safer environment, nonetheless did not give rise to liability under the state-created danger doctrine
- holding that a school superintendent’s failure to remove students who sexually assaulted the disabled plaintiff, and his failure to place the plaintiff in a safer environment, nonetheless did not give rise to liability under the state-created danger doctrine
- holding that a school superintendent’s failure to remove students who sexually assaulted the disabled plaintiff, and his failure to place the plaintiff in a safer environment, nonetheless did not give rise to liability under the state-created danger doctrine
- explaining that a suit against a government official will be assumed to be against them in their official capacity unless that assumption is negated by party behavior or record evidence
Source: CourtListener parenthetical corpus (CC0).
Judges: Wood, Coffey, Easterbrook
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.