Legal Opinion
Shields v. Gerhart
Supreme Court of Vermont
Decided January 27, 1995No. 92-452PublishedCited by 90 opinions
1Opinion of the CourtDooley, J.
Plaintiff Carol Shields appeals the dismissal of her actions against the Department of Social and Rehabilitation Services (SRS) and its personnel based on the Vermont Constitution and 42 U.S.C. § 1983. Plaintiff argues that she has a private cause of action for damages under the Vermont Constitution, that sovereign immunity does not bar such a cause of action, and that her failure to serve defendants should not bar an action against them in their individual capacities. We affirm the dismissal of the actions against defendants in their individual capacities. On the state constitutional claims,…
2Cases cited48 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Marbury v. MadisonSupreme Court of the United States · 1803
- Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
- Davis v. PassmanSupreme Court of the United States · 1979
- Carlson v. GreenSupreme Court of the United States · 1980
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3Cited by90 opinions
- State v. WilliamsOhio Supreme Court · 2000
- Brown v. State of New YorkNew York Court of Appeals · 1996
- Katzberg v. Regents of University of CaliforniaCalifornia Supreme Court · 2002
- Binette v. SaboSupreme Court of Connecticut · 1998
- Sabia v. StateSupreme Court of Vermont · 1995
85 more not listed; retrieve them via the Exa API.