Section 1983 and Free Exercise Claims for Damages Violations of the Free Exercise Clause of the First Amendment, like violations of many of the provisions of the Bill of Rights, are actionable for damages under section 1983 against individual state
Chicago-Kent College of Law
Chicago-Kent College of Law is a law school that offers a range of academic programs including J.D., LL.M., joint degrees, and non-degree certifications. It emphasizes practical legal training through clinics, externships, and trial advocacy programs, preparing students for real-world legal practice. The school is recognized for its programs in Intellectual Property Law and Labor and Employment Law. It also supports international students through its Office of International Programs. Chicago-Kent publishes legal scholarship and commentary on topics such as civil rights litigation, constitutional law, and legal practice developments, reflecting its academic and practical focus.
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https://kentlaw.iit.edu
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Rooker-Feldman Applies Even Where State Court Decisions Are Not Final: T.M. v. University of Maryland Medical System
The Rooker-Feldman Question Presented in University of Maryland Medical System In its 2025 Term, the Supreme Court granted certiorari in a Fourth Circuit case, T.M. v. University of Maryland Medical System, 139 F.4th 344, 353-354 (4th Cir. 2025), cert granted,…
Pending Supreme Court Rooker-Feldman Decision: T.M. v. University of Maryland Medical System
The Rooker-Feldman Background In the circuits, despite the broad jurisdictional grants of 28 U.S.C. §§1331 and 1343 over section 1983 claims, there are circumstances where federal jurisdiction is thought to be absent. Thus, under the Rooker-Feldman doctrine (named after two…
Heck v. Humphrey and Purely Prospective Relief: The Supreme Court’s 2026 Decision in Olivier v. City of Brandon
Heck v. Humphrey In Heck v. Humphrey, 512 U.S. 477 (1994), the Supreme Court held that where a plaintiff with a § 1983 damages claim has an existing prior conviction or sentence, and where success on the § 1983 damages…
Schedule for 42nd Annual Section 1983 Conference: April 23-24, 2026
Below is the schedule for the upcoming Section 1983 Conference to be held at Chicago-Kent College of Law on April 23-24, 2026. For registration information, please email cle@illinoistech.edu or call 312-906-5090. We hope to see you there. PROGRAM SCHEDULE Day…
42nd Annual Section 1983 Conference: April 23-24, 2026 at Chicago-Kent
42nd Annual Section 1983 Civil Rights Litigation Conference Section 1983 litigation continues to present challenges for federal and state courts across the country, and the Supreme Court has an especially large impact in this dynamic area of law. Join us…
The Sixth Circuit Provides a Primer on § 1983 Civil Conspiracies
The Sixth Circuit’s Rieves Decision In Rieves v. Town of Smyrna, 67 F.4th 856, 863 (6th Cir. 2023), a § 1983 civil conspiracy claim was brought against city and county law enforcement agencies and their officials arising out of raids directed…
When Do State and Local Law Enforcement Officers Act Under Color of Federal Law? Federal-State Cooperation and the Bivens Dilemma
By its very language, § 1983 actions can be brought against state and local law enforcement officers only when they act under color of state law, not federal law. In practical terms, this means that their allegedly unconstitutional conduct must…
Excessive Force Claims, Motions to Dismiss and Video Recordings
Procedural issues are generally beyond the scope of this blog. Still, it may be worth briefly mentioning that the Fourth Circuit, in reversing the district court’s dismissal of plaintiff’s complaint in a Fourth Amendment excessive force case, ruled that a…
Bush v. Gore 25 Years Later: I Still Can’t Get Over It
IIt has been twenty-five years since the Supreme Court handed down Bush v. Gore. What follows are comments that I wrote on the fifteenth anniversary of that decision. My views of this decision have, if anything, become even more negative…