Case Citator › Hudson v. Palmer

Hudson v. Palmer

Is it still good law? What later courts have actually done to this case.

Limited by some courts
Court
Supreme Court of the United States
Citation
468 U.S. 517
Decided
Confirmed treatments
2
Flagged citations read
932 of 932
Citing cases (total)
8,014
Treatment dates
1989–2009
Limited by some courts
At least one reviewed court has limited this case’s holding to narrower facts or a narrower rule. No reviewed court has overruled it. Hudson v. Palmer has limited treatment: all 932 flagged citations have been read, and the 2 confirmed treatments are listed below.
Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

8,014 later cases cite Hudson v. Palmer; 932 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Hudson v. Palmer?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • The Wisconsin Court of Appeals declined to extend Hudson's postdeprivation-remedy rule from property interests to the liberty interests of inmates facing disciplinary action.

    Saenz v. Murphy · Wisconsin Court of Appeals · filed

    Decisions such as Paul v. Davis, 424 U.S. 693, reh'g denied, 425 U.S. 985 (1976), Ingraham v. Wright, 430 U.S. 651 (1977), Parratt v. Taylor, 451 U.S. 527 (1981), overruled in part, 474 U.S. 327, 330 (1986), and Hudson v. Palmer, 468 U.S. 517 (1984), signal a contraction of the scope of 42 U.S.C. sec. 1983, stemming from the Court's conclusion in these cases that no constitutional cause of action exists for failure to provide pre-deprivation procedural due process if the depriving jurisdiction provides an adequate post-deprivation remedial system. ... In Zinermon v. Burch, No. 87-1965, United States Supreme Court, (Burch v. Apalachee Community Mental Health Serv., 840 F.2d 797 (11th Cir. 1988)), the United States Supreme Court may decide whether this contraction extends to a liberty interest. This contraction does not, however, extend to the due process rights of disciplinary-action inmates.
    Read the full opinion on CourtListener →

  • The Eighth Circuit declined to extend Hudson's civil Section 1983 postdeprivation-remedy rule to criminal conspiracy liability under 18 U.S.C. § 241.

    United States v. Rehak · Eighth Circuit · filed

    Defendants cite no authority that a criminal violation under section 241 cannot occur if the state provides a post-deprivation remedy. The cases defendants cite hold that a plaintiff in a section 1983 action cannot recover for the loss of property by state employees if the state provides an adequate remedy for the loss. See Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), overruled on other grounds by Daniels v. Williams, 474 U.S. 327, 329, 106 S.Ct. 662, 88 L.Ed.2d 662 (1986); Hudson v. Palmer, 468 U.S. 517, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984). These cases are inapposite here, where the focus is on the defendants’ agreement, not the victim’s damages. Defendants’ proposed instruction misstates the law.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

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