Felder v. Casey
| Felder v. Casey | |
|---|---|
 L. Ed. 2d 123 | |
| Holding | |
| A state notice-of-claim statute was preempted by § 1983. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Brennan, joined by White, Marshall, Blackmun, Stevens, Scalia, Kennedy |
| Concurrence | White |
| Dissent | O'Connor, joined by Rehnquist |
| Laws applied | |
42 U.S.C. § 1983 | |
Felder v. Casey, 487 U.S. 131 (1988), was a
Background
A Wisconsin statute required people wishing to sue a state or local government entity or officer to give notice at least 120 days in advance of filing suit. The claimant must provide an itemized statement of the relief sought, and the lawsuit must be filed within six months of receiving notice that the claim has been disallowed. Failure to comply with the statute's requirements was grounds for dismissing the suit.
Bobby Felder, a black
Opinion of the Court
The Court held that Wisconsin's notice-of-claim statute was preempted because it "conflicts in both its purpose and effects with the remedial objectives of § 1983, and because its enforcement in such actions will frequently and predictably produce different outcomes in § 1983 litigation based solely on whether the claim is asserted in state or federal court." The state statute essentially imposed an exhaustion requirement, which the Court had previously held did not apply to § 1983 suits in Patsy v. Board of Regents of Florida, 457 U.S. 496 (1982).
See also
External links
- Text of Felder v. Casey, 487 U.S. 131 (1988) is available from: Google Scholar Justia Library of Congress Oyez (oral argument audio)