The Court continues to summarily reverse circuit court denials of qualified immunity to law enforcement officers, as borne out by two per curiam decisions in its 2021-22 Term, one out of the Ninth Circuit and one out of the Tenth
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Section 1983 in State Courts: Justiciability
To what extent do the Article III justiciability standards that govern federal court litigation, including the standing requirements of injury in fact, causation and redressability, apply to §1983 actions filed in state court? There is nothing that prevents a state’s…
38th Annual Conference on Section 1983: April 20-21, 2022
I’m very pleased to announce the forthcoming 38th Annual Chicago-Kent Conference on Section 1983 that will be held as a streaming webinar on Wednesday and Thursday, April 20-21, 2022. This two day conference covers the Basics of Section 1983 Claims…
Nominal Damages and Section 1983
I address the following questions about section 1983 and nominal damages for constitutional violations in this post. First, what are nominal damages? Second, does a section 1983 plaintiff who seeks only nominal damages have standing and thereby avoid mootness? And…
The Free Speech Rights of Adults and Public School Students: A Video
I spoke on December 16, 2021, to the Chicago Decalogue Society about freedom of speech. Specifically, I provided an overview of the free speech rights of adults and public school students, particularly in light of the Supreme Court’s recent decision…
Section 1983 Malicious Prosecution, Favorable Termination and Oral Argument in Thompson v. Clark
The recent oral argument in Thompson v. Clark, 141 S. Ct. 1682 (2021), granting certiorari in 794 Fed. Appx. 140 (2nd Cir. 2020), to deal with the meaning of favorable termination, shows that some of the Justices–perhaps a majority–are very…
The Shot Suspect Who Escapes & The Seizure Question: Torres v. Madrid (2021)
Background At the outset, note that intent is a condition precedent for a Fourth Amendment violation. The Supreme Court put it this way: It is clear . . . that a Fourth Amendment seizure does not occur whenever there is…
Recent Section 1983 Religion Decisions From The Circuits
The Establishment Clause In Woodring v. Jackson County, Indiana, 986 F.3d 979 (7th Cir. 2021), the Seventh Circuit, relying on the Supreme Court’s decision in American Legion, noted below, that emphasized “a long national tradition of using the nativity scene…
The Third Circuit Punts On Whether Contracts Clause Violations Are Actionable Under Section 1983
The Contract Clause, U.S. Const. Art I, § 10, provides: “No State shall … pass any … Law Impairing the Obligation of Contracts.” The Supreme Court has developed a three-part Contracts Clause test: (1) does the state law operate as a…
Persons Who Are Not “Persons”: A Podcast on Absolute Immunity
While much attention has been paid recently to section 1983 qualified immunity, it may be useful to spend a little time on absolute immunity as well. Among other things, absolute immunity is even more potent for defendants than qualified immunity,…