Section 1983 Claim definition

Section 1983 Claim means any Claim against the City, its employees or both arising under 42 U.S.C. § 1983 that has not been settled, compromised or otherwise resolved and with respect to which Claim a lawsuit was pending before the District Court on or prior to the Petition Date.
Sample 1Sample 2Sample 3
Section 1983 Claim means any claim against the City, its employees or both arising under
Sample 1Sample 2Sample 3

Examples of Section 1983 Claim in a sentence

  • If, on the other hand, the plaintiff has failed to prove any one or more of these elements, your verdict should be for the defendant.Source: 9.2 Section 1983 Claim Against Defendant in Individual Capacity—Elements and Burden of ProofINSTRUCTION NO.

  • Section 1983 Claim As to the Section 1983 claim against the Union Defendants and Attorney Bacharach, Plaintiff has failed to allege sufficient facts to show or suggest a plausible Section 1983 claim against them.

  • Section 1983 Claim We begin our analysis with a discussion of the section 1983 claim asserted against the FDIC.

  • Id. at 4.2. The Section 1983 Claim The bulk of Mr. Nguyen’s motion argues that the Court should grant summary judgment in his favor on Ms. Wadsworth’s constitutional claim.

  • It is your responsibility as an employer to pay the employer portion or half of the Social Security and Medicare taxes as well as state and federal unemployment taxes for your employees.

  • Source: 9.2 Section 1983 Claim Against Defendant in Individual Capacity—Elements and Burden of ProofINSTRUCTION NO.

  • Section 1983 Claim {¶30} Next, the city contends that York Masons could not maintain its counterclaim under Section 1983, Title 42, U.S.Code because it only brought the claim against the city and not the city employees.

  • Plaintiff Has Stated a Section 1983 Claim Against Deputy Hellerud, But Not Against Wright County Defendants Wright County and Deputy Lance Hellerud move to dismiss the Complaint, but do so under Rule 12(c) (as they had already filed their Answer).

  • Addition of Section 1983 Claim Maloney amended his complaint after the Second Circuit remanded his case back to this Court, adding a claim asserting a deprivation of his due process rights under 42 U.S.C. § 1983.

  • Elements of a Section 1983 Claim for Excessive Use of Force 7 Inmates are protected from cruel and unusual punishment under the Eighth Amendment of the United States Constitution.

Related to Section 1983 Claim

  • Section 510(b) Claim means any Claim against the Debtors arising from rescission of a purchase or sale of a security of the Debtors or an Affiliate of the Debtors, for damages arising from the purchase or sale of such a security, or for reimbursement or contribution allowed under section 502 of the Bankruptcy Code on account of such a Claim.

  • Indemnity Claim has the meaning set forth in Section 8.3.

  • AWR Claim means any complaint or claim to a tribunal or court made by or on behalf of the Agency Worker against the Hirer and/or the Employment Business for any breach of the AWR;

  • IPR Claim means any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of any IPR, used to provide the Services or as otherwise provided and/or licensed by the Supplier (or to which the Supplier has provided access) to the Authority in the fulfilment of its obligations under this Framework Agreement;

  • Tax Claim has the meaning set forth in Section 6.05.

  • Indemnification Claim Notice has the meaning set forth in Section 11.3.

  • Indemnification Claim has the meaning set forth in Section 12.3.

  • 503(b)(9) Claim means a Claim or any portion thereof entitled to administrative expense priority pursuant to section 503(b)(9) of the Bankruptcy Code.

  • Contested Claim means any Tax, Indebtedness or other claim or liability (i) the validity or amount of which is being diligently contested in good faith, (ii) for which adequate reserve, or other appropriate provision, if any, as required in conformity with GAAP shall have been made, and (iii) with respect to which any right to execute upon or sell any assets of the Company or of any of its Subsidiaries has not matured or has been and continues to be effectively enjoined, superseded or stayed.

  • Covered claim means the following:

  • DIP Claim means any Claim arising under, derived from or based upon the DIP Facility or DIP Orders, including the DIP Exit Backstop Premium and the guarantees in respect thereof under the DIP Facility Documents, including Claims for all principal amounts outstanding, interest, fees, expenses, costs, and other charges arising under or related to the DIP Facility.

  • Two-year claim limitation means no benefit is payable for any claim submitted two years or more from the date of admission or service provision.

  • Exculpated Claim means any Claim related to any act or omission in connection with, relating to, or arising out of the Debtors' in or out of court restructuring, the Chapter 11 Cases, formulation, preparation, dissemination, negotiation, or filing of the Disclosure Statement, the Plan, the settlement of Claims or renegotiation of Executory Contracts or Unexpired Leases, the negotiation of the Plan, the DIP Credit Agreement, the Plan Supplement, the Exit Facility Credit Agreement, or any contract, instrument, release, or other agreement or document created or entered into in connection with the Disclosure Statement or Plan, the filing of the Chapter 11 Cases, the pursuit of Confirmation, the pursuit of consummation of the Plan, the administration, consummation, and implementation of the Plan, the distribution of property under the Plan, or any transaction contemplated by the Plan or Disclosure Statement, or in furtherance thereof; provided, however, that Exculpated Claims shall not include any claim arising out of any act or omission that is determined in a Final Order to have constituted gross negligence, willful misconduct, or intentional fraud to the extent imposed by applicable non-bankruptcy law. For the avoidance of doubt, no Cause of Action, obligation or liability expressly set forth in or preserved by the Plan or the Plan Supplement constitutes an Exculpated Claim.

  • Claims Notice has the meaning set forth in Section 9.3(a).

  • Clean Claim means a claim that:

  • Settled claim means the original tort claim resolved by a structured settlement.

  • D&O Claim means any right or claim of any Person against one or more of the Directors and/or Officers howsoever arising on or before the D&O Bar Date, for which the Directors and/or Officers, or any of them, are by statute liable to pay in their capacity as Directors and/or Officers or which are secured by way of any one of the Directors’ Charges;

  • Third party claimant means any individual, corporation, association, partnership, or other legal entity asserting a claim against any individual, corporation, association, partnership, or other legal entity insured under an insurance policy or insurance contract.

  • Unresolved Claim means a Claim, which at the relevant time, in whole or in part: (a) has not been Finally Determined to be a Proven Claim in accordance with the Amended Claims Procedure Order and this Plan; (b) is validly disputed in accordance with the Amended Claims Procedure Order; and/or (c) remains subject to review and for which a Notice of Allowance or Notice of Revision or Disallowance (each as defined in the Amended Claims Procedure Order) has not been issued to the Creditor in accordance with the Amended Claims Procedure Order as at the date of this Plan, in each of the foregoing clauses, including both as to proof and/or quantum;

  • Claim Notice has the meaning set forth in Section 8.4(a).

  • Unimpaired Claim means a Claim that is not impaired within the meaning of section 1124 of the Bankruptcy Code.

  • Released Claim means the matters that are subject to release and discharge pursuant to ARTICLE 10 hereof;

  • Fraud Claim means any claim based in whole or in part upon fraud, willful misconduct or intentional misrepresentation.

  • Third Party Claim Notice shall have the meaning set forth in Section 6.5(a).

  • IP Claim means a Claim made against you by a third party alleging that the Stripe Technology, Services or a Stripe Mark provided to and used by you in accordance with this Agreement infringes or misappropriates the IP Rights of the third party making the Claim, excluding Claims made by Connected Accounts.

  • Third Party IP Claim has the meaning given to it in clause E8.7 (Intellectual Property Rights).