City of Monterey v. Del Monte Dunes at Monterey, Ltd.

I join all except Part IV-A-2 of Justice Kennedy’s opinion. In my view, all §1983 actions must be treated alike insofar as the Seventh Amendment right to jury trial is concerned; that right exists when monetary damages are sought; and the issues submitted to the jury in the present case were properly sent there.

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Revised Stat. § 1979, 42 U. S. C. § 1983, creates a duty to refrain from interference with, the federal rights of others, and provides money damages and injunctive relief for violation of that duty. Since the statute itself confers no right to jury trial, such a right is to be…