Livadas v. Bradshaw, 512 U.S. 107, 27 (1994)

Page:   Index   Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next

Cite as: 512 U. S. 107 (1994)

Opinion of the Court

ment and Housing Authority, 479 U. S. 418, 431-432 (1987). And Congress itself might make it clear that violation of a statute will not give rise to liability under § 1983, either by express words or by providing a comprehensive alternative enforcement scheme. See Middlesex County Sewerage Authority v. National Sea Clammers Assn., 453 U. S. 1 (1981). But apart from these exceptional cases, § 1983 remains a generally and presumptively available remedy for claimed violations of federal law. See also Dennis v. Higgins, 498 U. S. 439, 443 (1991).

Our conclusion that Livadas is entitled to seek redress

under § 1983 is, if not controlled outright, at least heavily foreshadowed by our decision in Golden State II. We began there with the recognition that not every instance of federal pre-emption gives rise to a § 1983 cause of action, see 493 U. S., at 108, and we explained that to decide the availability of § 1983 relief a court must look to the nature of the federal law accorded pre-emptive effect and the character of the interest claimed under it, ibid.27 We had no difficulty concluding, however, as we had often before, see, e. g., Hill v. Florida ex rel. Watson, 325 U. S. 538 (1945), that the NLRA protects interests of employees and employers against abridgment by a State, as well as by private actors; that the obligations it imposes on governmental actors are not so "vague and amorphous" as to exceed judicial competence to decide; and that Congress had not meant to foreclose relief under § 1983. In so concluding, we contrasted the intricate scheme provided to remedy violations by private actors to the complete absence of provision for relief from governmen-27 Thus, Golden State II observed that an NLRA pre-emption claim grounded in the need to vindicate the primary jurisdiction of the National Labor Relations Board, see San Diego Building Trades Council v. Garmon, 359 U. S. 236 (1959), see n. 10, supra, is "fundamentally different" from one stemming from state abridgment of a protected individual interest, see 493 U. S., at 110, a difference that might prove relevant to cognizability under § 1983.

133

Page:   Index   Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next

Last modified: October 4, 2007