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Issue: Under federal law, as applied in Hawaii, does 42 U.S.C. 1983 permit a plaintiff to bring a claim for violations of the Commerce Clause?
| Area of Law: | Constitutional Law, Litigation & Procedure |
| Keywords: | Commerce Clause; Claims for injunctive and declaratory relief; Monetary damage |
| Jurisdiction: | Federal, Hawaii |
| Cited Cases: | 48 F.3d 391 |
| Cited Statutes: | 42 U.S.C. § 1983 |
| Date: | 02/01/2001 |
The law is clear that 42 U.S.C. § 1983 permits claims for injunctive and declaratory relief and monetary damages against appropriate defendants for violations of the Commerce Clause of the Constitution. Dennis v. Higgins, 498 U.S. 439, 440-41 (1991); Kleenwell Biohazard Waste v. Nelson & Gen. Ecology Consultants, Inc., 48 F.3d 391, 393 (9th Cir. 1995).
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