McDonough v. Smith and Accrual of Section 1983 Due Process Fabrication of Evidence Claims The Supreme Court, on June 20, 2019, handed down an important section 1983 accrual decision in McDonough v. Smith (No. 18-485). Reversing the Second Circuit, it ruled (6-3) in an opinion by Justice Sotomayor that a section 1983 due process claim of fabrication of evidence accrues when criminal proceedings against the section 1983 plaintiff are terminated in his or her favor,…

You might want to check this out. Some weeks ago I participated in a 55 minute podcast on free speech in the university, together with a philosophy colleague at Illinois Tech, Michael Davis. The discussion, organized by Illinois Tech, was animated, far reaching (beyond the university) and personally enjoyable to me. IMHO, it would be a good companion to listen to while you’re running, biking or exercising (or doing anything else, for that matter). In…

You might want to check this out. Some weeks ago I participated in a 55 minute podcast on free speech in the university, together with a philosophy colleague at Illinois Tech, Michael Davis. The discussion, organized by Illinois Tech, was animated, far reaching (beyond the university) and personally enjoyable to me. IMHO, it would be a good companion to listen to while you’re running, biking or exercising (or doing anything else, for that matter). In…

For qualified immunity purposes, we know that constitutional law can be clearly settled by Supreme Court precedent. If there is no applicable Supreme Court precedent, then the Circuit Court of Appeals in which the forum state is located can establish clearly settled law. If that Circuit Court of Appeals has no applicable case law, then we look to see whether there is a clear consensus in the circuits. If there is none, then the result…

Nieves v. Bartlett: The Court’s First Amendment Retaliatory Arrest Decision The Supreme Court handed down Nieves v. Bartlett, No. 17-1174, on May 28, 2019. In an opinion by Chief Justice Roberts, the Court, resolving a split in the circuits, held that probable cause is a defense to a section 1983 claim against law enforcement officers accused of arresting a person in retaliation for his or her speech. But the Court provided what it called a…

Some weeks ago I spoke to the Chicago Bar Association’s Real Estate Committee about the free speech rights of condominium associations and condominium owners. There was a spirited discussion with very good questions after I finished my 20-25 minute presentation. Feel free to skip the first eight minutes of preliminary committee matters and to go right to my talk. I hope you find it of interest. Here it is. https://www.youtube.com/watch?v=AnnKFGIx6Vk I invite you to follow…