It has been blackletter law since Patsy v. Fla. Bd. of Regents, 457 U.S. 496 (1982), and well before, that exhaustion of administrative remedies, like exhaustion of judicial remedies (see Monroe v. Pape, 365 U.S. 473 (1961)), is not required
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Supreme Court Rules Homelessness Not Protected By Eighth Amendment: City of Grants Pass v. Johnson
Suppose §1983 Eighth Amendment actions are brought by non-prisoners such as the homeless who allege that they are punished either because of their status–see Robinson v. California, 370 U.S. 660, 82 S. Ct. 1417, 8 L. Ed. 2d 758 (1962),…
Supreme Court Adopts Charge-Specific Rule for Section 1983 Fourth Amendment Malicious Prosecution Claims: Chiaverini v. City of Napoleon
Where a § 1983 plaintiff asserts a Fourth Amendment malicious prosecution claim for damages against law enforcement officers, such a claim may be viable where the plaintiff alleges a seizure, the absence of probable cause, malice (presumed by the absence…
The Supreme Court Rejects a Too-Narrow Nieves First Amendment Retaliation Claims Exception: Gonzalez v. Trevino
On June 20, 2024, the Supreme Court handed down Gonzalez v. Trevino, 144 S. Ct. — (2024), reversing 42 F.4th 487 (5th Cir. 2022), a § 1983 First Amendment retaliatory arrest case involving the meaning of the “objective evidence” exception…
An Updated Section 1983 Primer (7): Introduction to Absolute Individual Immunity
In honor of the 40th Annual Conference on Section 1983, which was recently 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. Persons Who Are Not “Persons”…
Supreme Court Grants Certiorari in Attorney’s Fees/Preliminary Injunction Case: Lackey v. Holcomb
The Supreme Court recently granted certiorari in Lackey v. Holcomb, 145 S. Ct. – (4-22-24)(No. 23-621), to deal with the following Questions Presented: (1) Whether a party must obtain a ruling that conclusively decides the merits in its favor, as…
Rule 11 Sanctions Against Attorneys for Filing A Frivolous Election Conspiracy Lawsuit and for Persisting in Making Frivolous Arguments in a Section 1983 Case
Two recent circuit court decisions, one from the Sixth Circuit and the other from the Fifth, are examples of the relatively few situations in which attorneys are sanctioned under Rule 11 of the Federal Rules of Civil Procedure.. Rule 11…
An Updated Section 1983 Primer (6): Claim and Issue Preclusion
In honor of the 40th Annual Conference on Section 1983, which was recently 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. Overview of Preclusion This post…
An Updated Section 1983 Primer (5): Statutes of Limitation, Accrual and Tolling
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 fifth–and one of…
Know Your Constitution (4)(Updated): Equal Protection
(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…