Legal Opinion
Abrams v. City of Rancho Palos Verdes
Court of Appeals for the Ninth Circuit
Decided January 15, 2004No. 02-55681PublishedCited by 12 opinions
1Opinion of the Court
T.G. NELSON, Circuit Judge.
Mark J. Abrams appeals the district court’s denial of § 1983 1 damages. The district court found that the City of Ran-cho Palos Verdes (“City”) violated Abrams’ rights under the Telecommunications Act of 1996 (“TCA”). Nonetheless, the court concluded that Congress intended the TCA to provide a comprehensive remedial scheme, thus barring additional remedies under § 1983. We disagree. Section 1983 remedies are available because the TCA does not contain a comprehensive remedial scheme. Therefore, we reverse and remand to the district court.
I. BACKGROUND
Abrams is a…
2Cases cited9 opinions
- Gonzaga University v. DoeSupreme Court of the United States · 2002
- Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981
- Blessing v. FreestoneSupreme Court of the United States · 1997
- Wright v. City of Roanoke Redevelopment & Housing AuthoritySupreme Court of the United States · 1987
- Suter v. Artist M.Supreme Court of the United States · 1992
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Qwest Corporation v. City of Santa FeCourt of Appeals for the Tenth Circuit · 2004
- Price v. City of StocktonCourt of Appeals for the Ninth Circuit · 2004
- Price v. City Of StocktonCourt of Appeals for the Ninth Circuit · 2004
- Kay v. City of Rancho Palos VerdesCourt of Appeals for the Ninth Circuit · 2007
- Cellco Partnership v. Town of Grafton, Mass.District Court, D. Massachusetts · 2004
7 more not listed; retrieve them via the Exa API.