In honor of the 40th Annual Conference on Section 1983, to be held in-person at Chicago-Kent College of Law on April 18-19, 2024, I have been updating my popular “Primer” series on section 1983. Below is the second of these
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An Updated Section 1983 Primer (1): History, Purposes and Scope
In honor of the 40th Annual Conference on Section 1983, to be held in-person at Chicago-Kent College of Law on April 18-19, 2024, I am updating my popular “Primer” series on section 1983. Below is the first of these posts.…
Cert Alert in Chiaverini v. City of Napoleon: Section 1983 Fourth Amendment Malicious Prosecution Claims and the “Any-Crime” Rule
Suppose a § 1983 plaintiff asserts a Fourth Amendment malicious prosecution claim for damages against law enforcement officers. We know from Manuel v. City of Joliet, 580 U.S. 357 (2017), and Thompson v. Clark, 142 S. Ct. 1332 (2022), that…
Know Your Constitution (3): Myths About the Supreme Court
(Author’s note. Over ten years ago I published a series of posts on different constitutional topics entitled “Know Your Constitution.” I believe that this series, intended for the general public, law students and attorneys, merits re-publishing in these perilous and…
Know Your Constitution (2): Myths About the Constitution
(Author’s note. Over ten years ago I published a series of posts on different constitutional topics entitled “Know Your Constitution.” I believe that this series, intended for the general public, law students and attorneys, merits re-publishing in these perilous and…
Know Your Constitution (1): The Structure of Government
(Author’s note. Over ten years ago I published a series of posts on different constitutional topics entitled “Know Your Constitution.” I believe that this series, intended for the general public, law students and attorneys, merits re-publishing in these perilous and…
Cert Alert in City of Grants Pass v. Johnson: The Homeless, the Eighth Amendment and Section 1983
(Note: I originally posted this in November 2023 but am re-posting it with some modifications because the Supreme Court just granted certiorari on Friday, January 12, 2024, in Johnson v. City of Grants Pass, 50 F.4th 787 (9th Cir. 2022),…
You’re Invited to the 40th Annual Section 1983 Conference on April 18-19, 2024
SAVE THE DATEApril 18-19, 2024Chicago-Kent College of Law565 W. Adams StreetChicago, IL 60661Eligible for IL MCLE Credit Section 1983 litigation continues to present challenges for federal and state courts across the country, and the Supreme Court has an especially large…
A Personal New Year’s Day Post on Free Speech and Anti-Semitism
(I presented the following to my fellow congregants this past Saturday morning, Dec. 30, 2023, at the Lake Shore Drive Synagogue in Chicago. I like to think it may hold some interest for others as well.) I want to ask…
Variable Constitutional States of Mind and Section 1983: Recent Examples
Different constitutional provisions have their own state of mind requirements. Even the same constitutional provision can have variable state of mind requirements depending on context. For example, in some situations the state of mind requirement for a due process violation…