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Monell v. Department of Social Services, 436 U.S. 658 (1978), is an opinion given by the United States Supreme Court in which the Court overruled Monroe v. Pape by holding that a local government is a "person" subject to suit under Section 1983 of Title 42 of the United States Code: Civil action for deprivation of rights. [1]
This was the second time the Supreme Court had granted certiorari to the Oneida's land claim. Over a decade earlier, in Oneida Indian Nation of New York v.County of Oneida (1974), the Supreme Court had allowed the same suit to proceed by unanimously holding that there was federal subject-matter jurisdiction to hear the claim. [2]
Our decision is based on a subsequent ruling by the Supreme Court, which could not be anticipated by Judge McCurn in his handling of this case over more than twenty years. [ 24 ] While claiming that it was applying "laches", the majority argument did not satisfy any of the traditional requirements for a laches defense.
The case comes after a wave of lawsuits last year took aim at DEI programs nationally. The legal debate stemmed from a Supreme Court ruling that struck down affirmative action in education, with ...
Judges of the Court of Claims are appointed by the Governor of New York and confirmed by the State Senate for a 9-year term. While there are Judges of the Court of Claims who handle only claims against the state, there are many Judges of the Court of Claims who are appointed to this post and then assigned to serve as an Acting Justice of the New York State Supreme Court, generally in the ...
A ruling by a federal appeals court has breathed new life into a lawsuit brought against New York state by an Elmira wedding photographer.. Early in 2021, Emilee Carpenter, represented by the ...
The university announced that “in a significant win for Grand Canyon University, the United States Court of Appeals for the Ninth Circuit, in a 3-0 decision, held that the U.S. Department of ...
Doe et al. v. Trump Corporation et al. is an ongoing case commenced in the U.S. District Court for Southern District of New York in October 2018, [3] [4] in which plaintiffs Lynn Chadwick, Markus Frazier, Catherine McKoy and Millard Williams [5] filed a previously anonymous lawsuit against the Trump Corporation, Donald Trump and three of his adult children — Donald Jr., Eric, and Ivanka ...