Some time ago I posted about the need for attorneys to understand the crucial distinction between individual and official capacity claims brought under section 1983. Here is that post: https://nahmodlaw.com/2018/05/31/attorneys-must-at-their-peril-understand-the-official-individual-capacity-distinction-in-section-1983-damages-cases/ This crucial distinction emerged in a somewhat unusual Third Circuit decision involving removal and attorney’s fees, but this time in a non-section 1983 prospective relief […]…

There is a special, and quite complicated, accrual rule, set out in Heck v. Humphrey, 512 U.S. 477 (1994), that applies where the section 1983 plaintiff has a prior conviction whose validity might be implicated by a successful section 1983 damages action. In such cases, the section 1983 claim does not accrue until the underlying […]…

Whose Decisions Determine Clearly Settled Federal Constitutional Law? We all know that in order for a state or local government official to be liable for damages in his or her individual (not official) capacity under section 1983, that official must have violated clearly settled federal constitutional law as of the time of the challenged conduct. […]…

As many of you know, Covid-19 prevented Chicago-Kent’s 37th Annual Conference on Section 1983 from taking place, as originally scheduled, on April 23-24, 2020. Still, in order to celebrate the Conference, several weeks ago I provided an encore podcast presentation on Damages and Procedural Defenses (search for “damages and procedural defenses”). In order to further […]…

Despite the broad grants to federal courts of jurisdiction over section 1983 claims by 28 U.S.C. sections 1331 and 1343, there are circumstances where federal jurisdiction over such claims is absent. Under the Rooker-Feldman doctrine–see District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 1983)–federal courts have no appellate jurisdiction over state court […]…

Today, Thursday, April 23, 2020, was scheduled to be the first day of the 37th Annual Section 1983 Conference, held at IIT Chicago-Kent College of Law. But as you all know, Covid-19 forced us to cancel. Still, in order to commemorate the occasion, I am providing an Encore of my presentation ten years ago (2010) […]…