News & Analysis as of October 31, 2024

Supreme Court of the United States › 42 U.S.C. §1983

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Public Officials Subject to Suits for Blocking Social Media Critics, “Safety Valve” Relief from Mandatory Minimums Is Limited -...

Epstein Becker & Green on 3/18/2024

On Friday, March 15, a unanimous Supreme Court decided two companion cases (Lindke v. Freed and O’Connor-Ratcliff v. Garnier) that resolved a split in the Circuits concerning whether public officials can be held liable under...more

The Supreme Court’s Talevski Decision: Medicaid Private Enforcement under Section 1983 Lives to See Another Day

Foley Hoag LLP - Medicaid and the Law on 6/13/2023

Today’s post provides an important update on the Supreme Court case Health & Hospital Corporation of Marion County (HHC) v. Talevski. As readers will remember, our blog has been following this case since it made its way to...more

Supreme Court Limits Remedy for Violation of Fifth and Sixth Amendment Rights

Kohrman Jackson & Krantz LLP on 6/24/2022

When the police, acting under the color of law, deprive a person of their civil or constitutional rights, the person generally has two remedies. First, if they are the victim of an unconstitutional search or seizure, a forced...more

Supreme Court Decides Pakdel v. San Francisco

Faegre Drinker Biddle & Reath LLP on 6/29/2021

On June 28, 2021, the U.S. Supreme Court decided Pakdel v. San Francisco, holding that the plaintiffs were not required to exhaust state remedies through an inverse condemnation proceeding to bring a § 1983 claim for...more

Property Owners Win Big Battle In Supreme Court Decision On Regulatory Takings

Tonkon Torp LLP on 1/27/2020

On June 21, 2019, the U.S. Supreme Court ruled in Knick v. Township of Scott, Pennsylvania, 139 S. Ct. 2162 (2019) (Knick), that private parties seeking to challenge a local government under the “Takings Clause” can now file...more

Unwinding The “Preclusion Trap”—Knick v. Township Of Scott Upends Thirty Years Of Federal Takings Precedent

Miller Starr Regalia on 11/6/2019

In June, the United States Supreme Court dismantled what many considered to be an untenable “preclusion trap” in Fifth Amendment takings law when it decided Knick v. Township of Scott, Pennsylvania. The key issue in Knick was...more

High Court's Knick Ruling May Hinder Calif. Public Agencies

Best Best & Krieger LLP on 10/23/2019

In Justice Elena Kagan’s dissenting opinion in the U.S. Supreme Court takings case Knick v. Scott, she stated: “Today’s decision sends a flood of complex state-law issues to federal courts. It makes federal courts a principal...more

How The Recent U.S. Supreme Court Case Of Knick v. Township Of Scott Could Be Buying Everyone More Trips To The Federal Courthouse

McNees Wallace & Nurick LLC on 8/13/2019

Did you know the right to eminent domain goes as far back as the Magna Carta? Eminent domain is hardly new news, and as such recent game changing cases regarding the subject are few and far between. The last major eminent...more

U.S. Supreme Court Decides Landmark Condemnation Case In Favor Of Property Owners

Roetzel & Andress on 7/26/2019

For many years, a property owner seeking compensation from a state or local government for an uncompensated property taking was relegated to filing an action for inverse condemnation in state court. In Ohio, for example, that...more

Supreme Court Takes Back Takings: Knick v. Township of Scott

Sheppard Mullin Richter & Hampton LLP on 7/24/2019

The Supreme Court recently issued its long-awaited ruling in Knick v. Township of Scott, concluding that a plaintiff alleging that local governments have violated the Takings Clause under the Fifth Amendment may seek relief...more

U.S. Supreme Court Overturns State-Litigation Requirement For Takings Claims, Providing Landowners With A Direct Path To Federal...

Womble Bond Dickinson on 7/19/2019

On Friday, June 22, 2019, in Knick v. Township of Scott, the U.S. Supreme Court overturned Williamson County Regional Planning Commission v. Hamilton Bank and, in the process, paved a direct path to federal court for...more

Supreme Court Opens Federal Courts to Takings Claims by Private Property Owners against State and Local Governments

Burr & Forman on 7/17/2019

Every June, when the Supreme Court’s term comes to an end, a few high-profile cases generate an avalanche of media coverage. Typically, these cases involve the most contentious political issues of the day....more

Important U.S. Supreme Court Decision on Regulatory Takings

Pierce Atwood LLP on 7/1/2019

The U.S. Supreme Court is finishing up its term, getting ready for its summer break, so its decisions are coming fast now. On June 21, 2019, the U.S. Supreme Court issued a surprising decision affecting regulatory takings,...more

US Supreme Court Allows Greater Access to Federal Courts for Taking Cases

Clark Hill PLC on 7/1/2019

In Knick v Scott, SCOTUS overruled precedent requiring property owners asserting takings by state or local government to exhaust state court remedies before seeking relief in the federal courts....more

Sustainable Development and Land Use Update - June 2019 #4

Allen Matkins on 6/28/2019

Focus - SCOTUS rules that landowners have clear path to federal court for a taking of real property interests - Allen Matkins – June 25 - In a dramatic repudiation of 34 years of established precedent and a clear...more

U.S. Supreme Court’s Knick Cemetery Decision Buries Williamson—Takings Claimants May Go Directly to Federal Courts

Perkins Coie on 6/28/2019

The U.S. Supreme Court overturned a 34-year-old precedent established by Williamson Planning Comm’n v. Hamilton Bank, holding that landowners pursuing takings claims do not need to seek redress in state courts before pursuing...more

SCOTUS Decision: Property Owners Can Bring Takings Claims Straight to Federal Court

Jackson Walker on 6/28/2019

On June 21, 2019, the Supreme Court of the United States decided Knick v. Township of Scott, Pennsylvania, holding that a property owner is not required to first bring a takings claim in state court. Rather, “[a] property...more

Property Owners May Now Bring Takings Claims Directly To Federal Court

Husch Blackwell LLP on 6/28/2019

Key Point- Property owners may now bring a regulatory takings or inverse condemnation claim in federal court without first exhausting state court remedies, overruling Williamson County....more

Open for Business: Supreme Court Opens Federal Courts to Fifth Amendment Takings Claims

Faegre Drinker Biddle & Reath LLP on 6/27/2019

Landowners can now pursue their Fifth Amendment taking claims directly in federal court when the government takes property without paying just compensation, according to the Supreme Court in its decision in Knick v. Township...more

Supreme Court Ruling Could Dramatically Change the Playing Field for Takings Claims

Alston & Bird on 6/27/2019

The Supreme Court takes down another long-standing precedent with a decision that could expose local and state government attempts at environmental regulation to greater liability in federal courts. ...more

Knick’s Cemetery Decision Buries Williamson - Supreme Court Rules that the Takings Clause Provides Access to the Federal Courts

Perkins Coie on 6/26/2019

The United States Supreme Court overturned a 34-year-old precedent established by Williamson Planning Comm’n v. Hamilton Bank, holding that landowners pursuing takings claims need not seek redress in state courts before...more

SCOTUS Rules that Landowners Have Clear Path to Federal Court for a Taking of Real Property Interests

Allen Matkins on 6/26/2019

In a dramatic repudiation of 34 years of established precedent and a clear victory for private property owners, the United States Supreme Court has held in Knick v. Township of Scott, 588 U.S. ___ (2019), that a claim for a...more

Inverse Condemnation Cases May be Filed in Federal Court - Impact on Public Agencies from SCOTUS Knick v. Township of Scott,...

Best Best & Krieger LLP on 6/26/2019

Disgruntled landowners seeking to challenge state and local land use controls under the U.S. Constitution’s Takings Clause were given more options by the U.S. Supreme Court. This ruling, handed down Friday, provides...more

U.S. Supreme Court Opens Federal Courts to Federal Takings Claims - Property Owners Now Allowed to Bring Takings Claims in Federal...

Holland & Knight LLP on 6/25/2019

• Overruling a decades-old precedent, the U.S. Supreme Court has held that property owners no longer need to exhaust state-court procedures before bringing federal takings claims in federal court. • For California property...more

Knick v. Township of Scott: Opening the Federal Court Doors to Takings Claims Against State and Local Governments

Sands Anderson PC on 6/25/2019

On June 21, 2019, the United States Supreme Court swung open the door to the federal court for takings cases against state and local governments. Specifically, in Knick v. Township of Scott, 588 U.S. ___ (2019), the Supreme...more

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Supreme Court of the United States › 42 U.S.C. §1983

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