(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
Nahmod Law
Nahmod Law, published by Chicago-Kent College of Law, focuses on civil rights and civil liberties litigation, particularly the law surrounding Section 1983 claims. The blog covers topics such as First Amendment issues including the Free Exercise Clause, separation of church and state, and damages actions under Section 1983. It also addresses recent Supreme Court decisions and legal developments related to prison litigation reform, Medicaid Act implications, and other constitutional law matters. The content reflects scholarly analysis and updates on litigation strategies and statutory interpretation in the context of civil rights enforcement.
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Know Your Constitution (2): Myths About the Constitution
(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…
Know Your Constitution (1): The Structure of Government
(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…
Cert Alert in City of Grants Pass v. Johnson: The Homeless, the Eighth Amendment and Section 1983
(Note: I originally posted this in November 2023 but am re-posting it with some modifications because the Supreme Court just granted certiorari on Friday, January 12, 2024, in Johnson v. City of Grants Pass, 50 F.4th 787 (9th Cir. 2022),…
You’re Invited to the 40th Annual Section 1983 Conference on April 18-19, 2024
SAVE THE DATEApril 18-19, 2024Chicago-Kent College of Law565 W. Adams StreetChicago, IL 60661Eligible for IL MCLE Credit Section 1983 litigation continues to present challenges for federal and state courts across the country, and the Supreme Court has an especially large…
A Personal New Year’s Day Post on Free Speech and Anti-Semitism
(I presented the following to my fellow congregants this past Saturday morning, Dec. 30, 2023, at the Lake Shore Drive Synagogue in Chicago. I like to think it may hold some interest for others as well.) I want to ask…
Variable Constitutional States of Mind and Section 1983: Recent Examples
Different constitutional provisions have their own state of mind requirements. Even the same constitutional provision can have variable state of mind requirements depending on context. For example, in some situations the state of mind requirement for a due process violation…
The Homeless, The Eighth Amendment & Judicial Limits: A Divided Ninth Circuit
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…
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…