Brown v. Wood
Cases that cite this one
12 later published cases cite this decision.
- Taylor v. Gill Street Investments (Alaska 1987)
- Uberoi v. University of Colorado (Colo. 1986)
- Will v. Department of Civil Service (Mich. Ct. App. 1985)
- State of Alaska v. Chevron Chemical Company Phillips Pacific Chemical Company Western Farm Service, Inc. Etc. (9th Cir. 1982)
- Alaska State Commission for Human Rights v. Yellow Cab (Alaska 1980)
- Williams v. Zobel (Alaska 1980)
- Peterson v. State, Department of Natural Resources (Alaska 2010)
- Jackson v. Nangle (Alaska 1984)
- Dyer v. State (Alaska Ct. App. 1983)
- Torkko/Korman/Engineers v. Penland Ventures (Alaska 1983)
- State v. Alaska Continental Development Corp. (Alaska 1980)
- Johnson v. State (Alaska 1980)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
ORDER ON REHEARING
We have granted appellant’s petition for rehearing.
In our opinion in this case, reported in 575 P.2d 760 (Alaska 1978), we relied upon Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961), together with Williford v. California, 352 F.2d 474 (9th Cir. 1965), for our conclusion that the University of Alaska is not a “person” which may be held liable in a suit under 42 U.S.C. § 1983. 1
While this case was pending on petition for rehearing, that portion of Monroe v. Pape, supra, on which we relied was overruled in Monell v. New York Dept. of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). In view of this, we have concluded that our earlier opinion should be modified so that, in accord with Monell, the University of Alaska can be held liable in a suit under 42 U.S.C. § 1983.
Upon remand, the Superior Court shall be guided by the principles set forth in Monell, supra, and our earlier opinion, 575 P.2d at 766, shall be considered modified accordingly-
. That statute provides in pertinent part:
Every person who, under color of any statute . custom or usage of any State . causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law . . .
Case-law data current through December 31, 2025. Source: CourtListener bulk data.