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Section 1983 did not override state's immunity statute
November 24, 2005 by Ross Runkel at LawMemo
Larry Woodward, a public employee, claimed his supervisors retaliated against him for engaging in constitutionally protected activity.
He sued the employer's supervisors seeking damages for violation of 42 USC Section 1983.
The employer cited New York Correction Law section 24 which provided that no civil action could be brought in any state court against employer's employees in their personal capacity for damages for acts done in the scope of employment and discharge of duties.
The trial court granted the employer's motion to dismiss, and the New York Supreme Court, Appellate Division affirmed (3-2). Woodward v. State of New York (New York App Div 11/17/2005)
The issue was whether 42 USC Section 1983 preempted Correction Law section 24.
The court reasoned that since New York did not provide a state forum for similar state law claims, the state was not federally mandated to provide a state forum for 42 USC Section 1983 claims (Martinez v State of California, 444 US 277 (1979)).
The DISSENT argued that Correction Law section 24 presented an obstacle to the enforcement of 42 USC Section 1983 rights because of the complete bar to actions for monetary relief.
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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