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
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.
Latest from Nahmod Law - Page 6
State Action, Social Media & §1983: Certiorari Granted
Important state action issues involving social media are arising with increasing frequency in the circuits. These issues typically occur in the First Amendment setting where state and local government officials block citizens from their social media. The threshold question is…
Preserving Qualified Immunity On Appeal: Dupree v. Younger Glosses Ortiz v. Jordan
Ortiz v. Jordan and Sufficiency Challenges It is important to distinguish interlocutory appeals of denials of qualified immunity summary judgment motions from situations of the sort that arose in Ortiz v. Jordan, 562 U.S. 180, 131 S. Ct. 884, 178…
Health & Hospital Corp. v. Talevski: An Important Section 1983 “Laws” Decision on the Spending Power with 10th Amendment Overtones
Consider Health & Hospital Corporation of Marion County v. Talevski, 143 S. Ct. — (2023), aff’g, 6 F.4th 713 (7th Cir. 2021), an important case involving Congress’s spending power and the relationship between § 1983 and alleged violations of the…
Section 1983, Proximate Cause And The Ninth Circuit’s “Integral Participant” Doctrine
In Peck v. Montoya, 51 F.4th 877 (9th Cir. 2022), the five officer defendants responded to a 911 call that decedent was acting erratically and threatening another person with a firearm. Two of those officers in this § 1983 Fourth…
Reed v. Goertz: A New Supreme Court §1983 Accrual Decision
In a much-read post on statutes of limitation and §1983, I discuss the important principle that §1983 accrual rules are matters of federal law. (See https://nahmodlaw.com/2011/10/27/a-section-1983-primer-5-statutes-of-limitations/). In related subsequent posts and in my Treatise, I address the special accrual rule…
The Intriguing Intersection of DeShaney and Monell Liability: The Seventh Circuit’s LaPorta Decision
In First Midwest Bank Guardian of Estate of LaPorta v. City of Chicago, 988 F.3d 978, 990–91 (7th Cir. 2021), cert. denied, 142 S. Ct. 389, 211 L. Ed. 2d 207 (2021), the Seventh Circuit put DeShaney v. County of…
Save the Dates: Annual Section 1983 Conference (In-Person) on April 27-28, 2023
SAVE THE DATE April 27 – 28, 2023Chicago-Kent College of Law565 W. Adams StreetChicago, IL 60661Eligible for IL MCLE Credit Liability arising out of §1983 claims continues to present challenges for courts across the country, and the Supreme Court has…
A Student Drowns While On A Field Trip: The Separate State of Mind Hurdle in Substantive Due Process Affirmative Duty Cases
I have posted (too?) many times over the years on DeShaney substantive due process affirmative duty cases, emphasizing all the while that the threshold issue in such cases is whether there is an affirmative substantive due process duty to begin…
A Unique High-Speed Police Pursuit Case: The Plaintiff Might Win Against The Officer And City
High-speed police pursuit cases often end in serious bodily harm or death not only to the person pursued but to innocent bystanders as well. In most such cases the Fourth Amendment’s excessive force/reasonableness standard does not apply because there is…