It is typically prisoners who bring §1983 Eighth Amendment claims for damages and prospective relief against prison officers and officials. But what of §1983 Eighth Amendment actions brought by non-prisoners such as the homeless who allege that they are punished
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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Latest from Chicago-Kent College of Law - Page 6
Chalking, Parking Tickets and the Fourth Amendment: The Ninth Circuit Disagrees
In Verdun v. City of San Diego, 51 F.4th 1033, 1035 (9th Cir. 2022), the Ninth Circuit stated: “We are asked to decide whether the longstanding practice of chalking tires for parking enforcement purposes violates the Fourth Amendment. It does…
Certiorari Granted in First Amendment Retaliatory Arrest Case: Gonzalez v. Trevino, No. 22-1079
The Supreme Court recently granted certiorari in Gonzalez v. Trevino, 42 F.4th 487 (5th Cir. 2022), cert granted, 143 S. Ct. — (2023), where the plaintiff, a former city council member, alleged that the individual defendants arrested her for illegally…
State Action, Social Media & §1983: Certiorari Granted
Important state action issues involving social media are arising with increasing frequency in the circuits. These issues typically occur in the First Amendment setting where state and local government officials block citizens from their social media. The threshold question is…
Preserving Qualified Immunity On Appeal: Dupree v. Younger Glosses Ortiz v. Jordan
Ortiz v. Jordan and Sufficiency Challenges It is important to distinguish interlocutory appeals of denials of qualified immunity summary judgment motions from situations of the sort that arose in Ortiz v. Jordan, 562 U.S. 180, 131 S. Ct. 884, 178…
Health & Hospital Corp. v. Talevski: An Important Section 1983 “Laws” Decision on the Spending Power with 10th Amendment Overtones
Consider Health & Hospital Corporation of Marion County v. Talevski, 143 S. Ct. — (2023), aff’g, 6 F.4th 713 (7th Cir. 2021), an important case involving Congress’s spending power and the relationship between § 1983 and alleged violations of the…
Section 1983, Proximate Cause And The Ninth Circuit’s “Integral Participant” Doctrine
In Peck v. Montoya, 51 F.4th 877 (9th Cir. 2022), the five officer defendants responded to a 911 call that decedent was acting erratically and threatening another person with a firearm. Two of those officers in this § 1983 Fourth…
Reed v. Goertz: A New Supreme Court §1983 Accrual Decision
In a much-read post on statutes of limitation and §1983, I discuss the important principle that §1983 accrual rules are matters of federal law. (See https://nahmodlaw.com/2011/10/27/a-section-1983-primer-5-statutes-of-limitations/). In related subsequent posts and in my Treatise, I address the special accrual rule…
The Intriguing Intersection of DeShaney and Monell Liability: The Seventh Circuit’s LaPorta Decision
In First Midwest Bank Guardian of Estate of LaPorta v. City of Chicago, 988 F.3d 978, 990–91 (7th Cir. 2021), cert. denied, 142 S. Ct. 389, 211 L. Ed. 2d 207 (2021), the Seventh Circuit put DeShaney v. County of…
Save the Dates: Annual Section 1983 Conference (In-Person) on April 27-28, 2023
SAVE THE DATE April 27 – 28, 2023Chicago-Kent College of Law565 W. Adams StreetChicago, IL 60661Eligible for IL MCLE Credit Liability arising out of §1983 claims continues to present challenges for courts across the country, and the Supreme Court has…