Like families, nations can be dysfunctional. And indeed, the United States, this great Republic, now appears to be dysfunctional. Political parties, as well as individuals, speak past one another, neither trusting nor even listening to the other. This ideological polarization both reflects, and adversely affects, the politically accountable branches of government, the House, the Senate and the Presidency. It even taints the federal judiciary, including the Supreme Court. The President in particular is polarizing: many…

This is the ninth in a series of posts about the United States Constitution written in everyday language with a minimum of legal jargon. These posts are not intended to provide legal advice and should not be used for that purpose. (Previous posts introduced the Constitution, rebutted some commonly held myths about the Constitution,  addressed the Equal Protection Clause, considered free speech and hate speech and discussed procedural and substantive due process,…

The Background I have posted previously about absolute immunity, including legislative and judicial immunity. As discussed in those posts, absolute immunity from section 1983 damages liability is intended to protect certain persons who engage in allegedly unconstitutional legislative, judicial and prosecutorial conduct from not only liability but from the very costs of defending. (see https://nahmodlaw.com/2012/10/25/a-section-1983-primer-7-introduction-to-absolute-individual-immunity/; https://nahmodlaw.com/2013/02/20/a-section-1983-primer-8-absolute-legislative-immunity/; https://nahmodlaw.com/2013/03/14/a-section-1983-primer-9-absolute-judicial-immunity/) In contrast, qualified immunity from section 1983 damages liability (which covers state and local government…

What is the relation between allegedly false grand jury testimony by a police officer (protected by absolute witness immunity) followed by an indictment (thereby establishing probable cause) and a section 1983 malicious prosecution claim, one of whose elements is the absence of probable cause? (see generally, Nahmod, CIVIL RIGHTS AND CIVIL LIBERTIES LITIGATION: THE LAW OF SECTION 1983 (2019), ch. 3 on section 1983 malicious prosecution and ch. 7 on witness immunity). The Sixth Circuit…

We all know that a local government can be held liable for damages under section 1983 when its official policy or custom brings about a constitutional deprivation. Monell v. Dept. of Social Services,  436 U.S. 658 (1978). See generally on local government liability, Nahmod, CIVIL RIGHTS AND CIVIL LIBERTIES LITIGATION: THE LAW OF SECTION 1983 (2019)(West, Westlaw). Now consider the Seventh Circuit’s decision in Glisson v. Indiana Dept. of Corrections, 849 F.3d 372 (7th Cir.…

If you’re like me, you like (useful) lists. So what follows is a list of the twelve most recent section 1983-related decisions of the Supreme Court. These were handed down in the 2017 and 2018 Terms. References are to sections in my Treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (4th ed. 2019)(West & Westlaw), and, where available, to this blog. Supreme Court Decisions in the 2017 Term Artis v. District…

Section 1983 Takings Claims and Williamson County (1985) In 1985, the Supreme Court held in Williamson County Regional Planning Comm’n v. Hamilton Bank, 473 U.S. 172 (1985),  that a section 1983 takings claim for damages cannot be brought in federal court, and is not ripe, unless the challenged local government conduct is final and the state or local government has denied compensation. This result was thought to be required by the language of the Fifth…