Felder v. Casey et al. (487 U.S. 131)
U.S. Supreme Court · decided June 22, 1988 · Supreme Court Database (Spaeth)
- Citation
- 487 U.S. 131 · 108 S. Ct. 2302
- Decided
- June 22, 1988
- Term
- October Term 1987
- Vote
- 7–2
- Majority author
- Justice Brennan
- Issue area
- Federalism
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Brennan delivered the opinion of the Court. A Wisconsin statute provides that before suit may be brought in state court against a state or local governmental entity or officer, the plaintiff must notify the governmental defendant of the circumstances giving rise to the claim, the amount of the claim, and his or her intent to hold the named defendant liable. The statute further requires that, in order to afford the defendant an opportunity to consider the requested relief, the claimant must refrain from filing suit for 120 days after providing such notice. Failure to comply with these requirements constitutes grounds for dismissal of the action. In the present case, the Supreme Court of Wisconsin held that this notice-of-claim statute applies to federal civil rights actions brought in state court under 42 U. S. C. § 1983. Because we conclude that these requirements are pre-empted as inconsistent with federal law, we reverse. W On July 4, 1981, Milwaukee police officers stopped petitioner Bobby Felder for questioning while searching his neighborhood for an armed suspect. The interrogation proved to be hostile and apparently loud, attracting the attention of petitioner’s family and neighbors, who succeeded in convincing the police that petitioner was not the man they sought. According to police reports, the officers then directed petitioner to return home, but he…
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