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· 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 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.