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From:Defense Counsel Journal (Vol. 66, Issue 2) Peer-ReviewedLiability for police officers in high-speed pursuit cases has been judged according to a "shocks the conscience standard" since 1952. An alternative standard, the "deliberate indifference" standard, may be an...
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From:Detention and Corrections Caselaw Quarterly (Issue 68)Additional terms may be found at the http://thelawdictionary.org/ 1983 ACTION ([section] 1983, SECTION 1983). A federal law that made relief, including money damages, available to those whose constitutional rights...
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From:Notre Dame Law Review (Vol. 85, Issue 5) Peer-ReviewedThis Essay considers the requirement of state action in suits brought against private corporations under the Alien Tort Statute (ATS). It argues that, in addressing this requirement, courts have erred in applying the...
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From:Yale Law Journal (Vol. 108, Issue 8) Peer-ReviewedThe U.S. D.C. Circuit Court of Appeals in Davis v. District of Columbia held that a prisoner whose fundamental privacy rights were violated had no equal protection claim due to a statutory bar to recovery for mental or...
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From:Fordham Urban Law Journal (Vol. 47, Issue 3)INTRODUCTION The case of Knick v. Township of Scott (1) risks becoming a fairy tale of the frightening kind if we fail to put it into perspective. With Knick, the U.S. Supreme Court cast aside the second prong of the...
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From:Loyola Journal of Public Interest Law (Vol. 13, Issue 2) Peer-ReviewedI. INTRODUCTION What I propose to do is sketch a history of [section] 1983 (2) local government liability in the Supreme Court, including Connick v. Thompson, and then situate Connick more generally in [section] 1983...
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From:Albany Law Review (Vol. 75, Issue 3) Peer-ReviewedIn the past three years, we have witnessed what may be the most significant series of cases on prosecutorial immunity under Title 42 U.S.C. [section] 1983 (1) since the seminal decision of Imbler v. Pachtman (1976). (2)...
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From:Detention and Corrections Caselaw Quarterly (Issue 66)Additional terms may be found at the http://thelawdictionary.org/ 1983 ACTION ([section] 1983, SECTION 1983). A federal law that made relief, including money damages, available to those whose constitutional rights...
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From:Trial (Vol. 30, Issue 12)Offering qualified immunity from constitutional tort actions to government officials threatens the accountability they must have to the public. Part of the immunity determination involves deciding whether a reasonable...
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From:Harvard Law Review (Vol. 126, Issue 5) Peer-ReviewedSection 1983, (1) which "authorizes suits to enforce individual rights under federal statutes as well as the Constitution," (2) has long "provide[d] an impartial federal forum for a state's violation of constitutional...
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From:Trial (Vol. 40, Issue 6)In Groh v. Ramirez, (1) the Supreme Court has narrowed the good-faith exception to the exclusionary rule in a way that will encourage police officers and magistrates to be more careful when they prepare and issue search...
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From:Yale Law Journal (Vol. 113, Issue 4) Peer-ReviewedHow can justice be administered throughout States thronging with colored fellow-citizens unless you have them on the juries? --Charles Sumner (1) I. INTRODUCTION The Supreme Court's jurisprudence on criminal...
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From:Fordham Urban Law Journal (Vol. 42, Issue 2)5. The Tenth Circuit In 2010, the Tenth Circuit in Cohen v. Longshore (171) confronted Heck's applicability to false imprisonment claims based on allegedly unlawful immigration detention. The court held that "[i]f a...
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From:Duke Law Journal (Vol. 70, Issue 6) Peer-ReviewedABSTRACT Constitutional law often splits society into two realms: public and private. A person's constitutional rights and obligations depend on her classification into one of these realms. Almost all constitutional...
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From:Developments in Mental Health Law (Vol. 8, Issue 2)West v. Atkins,--U.S.--, 56 U.S.L.W. 4664 (June 21, 1988) In a unanimous opinion the Supreme Court held that a private physician under contract to provide orthopedic services at a state prison hospital on a part-time...
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From:Notre Dame Law Review (Vol. 93, Issue 5) Peer-ReviewedINTRODUCTION Qualifiedimmunity, as John Jeffries has remarked, is "the most important doctrine in the law of constitutional torts." (1) That is because it shields a government official from a civil suit for monetary...
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From:Notre Dame Law Review (Vol. 92, Issue 3) Peer-ReviewedConstitutional checks are an important part of the American justice system. The Constitution demands structural checks where it provides commensurate power. The Constitution includes several explicit checks in criminal...
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From:Harvard Law Review (Vol. 121, Issue 6) Peer-ReviewedSince World War II, treaties have proliferated to address almost every matter of international concern. (1) However, despite judicial precedent on treaty enforcement extending back to the earliest days of the Republic,...
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From:Florida Bar Journal (Vol. 78, Issue 4)The due process provisions found in the Fifth and 14th amendments provide that the government shall not take a person's life, liberty, or property without due process of law. Because the 14th Amendment applies to the...
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From:University of Pennsylvania Law Review (Vol. 143, Issue 2) Peer-ReviewedThe Miranda doctrine has been effectively deconstitutionalized by the many exceptions that have been created, but it should instead be firmly established as constitutional common law. Current developments in...