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Academic Journals
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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:University of Pennsylvania Law Review (Vol. 170, Issue 2)Recent instances of law enforcement killing community members and ensuing social movements have increased public attention on the issue of police use of force and the lack of officer accountability. Qualified immunity...
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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: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:Notre Dame Law Review (Vol. 85, Issue 5)This 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:Harvard Law Review (Vol. 135, Issue 1)Police misconduct is not a new phenomenon, nor is the shelter that law enforcement officers enjoy in the courts. (1) As police officers "rarely face criminal charges or even internal disciplinary measures when they...
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From:Georgetown Journal of Law & Public Policy (Vol. 20, Issue 1) Peer-ReviewedSection 1983 is not itself a source of constitutional rights, but is instead merely a vehicle to vindicate constitutional rights that independently exist. But since the Supreme Court advised in dictum that actions...
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From:Albany Law Review (Vol. 75, Issue 3)In 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: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. 36, Issue 5)INTRODUCTION In our system of federalism, two judiciaries--state and federal--operate side by side. Congress, through powers conferred by Article III of the United States Constitution, (1) controls the character of...
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From:The FBI Law Enforcement Bulletin (Vol. 74, Issue 10)In virtually every instance where a person's constitutional rights were violated by a police officer, a plaintiff will be able to point to something the employing entity--county or municipality--could have done to...
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From:Trial (Vol. 56, Issue 9)No matter how closely you read [section]1983, you won't find the qualified immunity defense. But this judicially created doctrine routinely blocks victims from holding government officials accountable for their...
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From:Notre Dame Law Review (Vol. 93, Issue 5)Qualifiedimmunity--the legal doctrine that shields government officials from suit for constitutional violationsunless the right they violate "is sufficiently clear that every reasonable official would have understood...
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From:Harvard Law Review (Vol. 134, Issue 4)How far must Congress go to foreclose a preexisting federal remedial scheme? A number of statutes and judicially crafted doctrines offer plaintiffs recourse for the violation of constitutional or statutory rights. (1)...
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From:Trial (Vol. 55, Issue 9)Animus toward foreign-born people has long generated divisions in American politics and society. However, foreign-born workers who are discriminated against in the American workplace have legal protections available to...
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From:Defense Counsel Journal (Vol. 66, Issue 2) Peer-ReviewedCourts differ over how many members of a municipal corporate board must intend discrimination for a plaintiff to sue under 42 U.S.C. section 1983. The US Supreme Court could have resolved the differences, but it refused...
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From:Harvard Law Review (Vol. 135, Issue 6)CONSTITUTIONAL LAW--FIRST AMENDMENT--EIGHTH CIRCUIT FINDS STATE REPRESENTATIVE NOT A STATE ACTOR WHEN BLOCKING CONSTITUENTS ON TWITTER.--Campbell v. Reisch, 986 F.3d 822 (8th Cir. 2021), reh'g and reh'g en banc denied,...
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From:Harvard Law Review (Vol. 121, Issue 3)Convicted criminals seeking to challenge unconstitutional conduct that occurred in the course of their prosecution or confinement can pursue relief through two avenues. One option is relief under the habeas corpus...
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From:Case Western Reserve Law Review (Vol. 64, Issue 4) Peer-ReviewedABSTRACT The free flow of information concerning public officials' performance of their duties, widely disseminated to the citizenry, is important to the proper functioning of a democratic republic. Courts have...