Legal Question in Civil Litigation in South Carolina

Supreme Court Ruling in state case?

Does a US Supreme Court Ruling on a 42 USC, Section 1983 case, take precident in a state case? If yes, where can I find supporting infor? Thank you.


Asked on 2/04/04, 1:12 am

2 Answers from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: Supreme Court Ruling in state case?

All Federal law takes precident over State law. There are endless internet law sites, law school libraries, etc.

Read more
Answered on 2/04/04, 8:50 am
John Kirby Law Offices of John M. Kirby

Re: Supreme Court Ruling in state case?

We probably need more information to fully answer this question. It may depend, for example, on whether your particular issue is a "procedural" one, or a "substantive" one. In general, however, a US Supreme Court case applying and interpreting 42 Sec. 1983 will be binding in any state action. Any Judge would readily understand this without need for citation to authority. You may, however, certainly find at least case law for this proposition. Here are a couple of instructive cites. Dobrowolska v. Wall, 138 N.C. App. 1, 14 (2000) ("the decisions of the United States Supreme Court on the issue of equal protection are binding in this state"; applying 42 U.S.C. 1983); Corum v. University of North Carolina, 330 N.C. 761, 772 (1992) ("Under United States Supreme Court precedent, however, such officials sued as individuals may raise a defense of qualified immunity," citing Harlow v. Fitzgerald, 457 U.S. 800, 73 L. Ed. 2d 396 (1982)).

I would suggest, consistent with the other responder, that you search the net for general law on these matters.

Read more
Answered on 2/04/04, 2:11 pm


Related Questions & Answers

More General Civil Litigation questions and answers in South Carolina