Author: Michael G. Collins
Publisher: West Academic Publishing
Release Date: 2011
Coverage includes the statute's modern revival in Monroe v. Pape, municipal liability, individual officer and sovereign immunity, excessive force litigation, choice of law, state and federal court jurisdiction, remedies, and attorney's fees, There are also chapters on federal officer liability and the relationship between habeas corpus and section 1983. A helpful tool for practitioners, students, judges, and their clerks, or anyone wishing to get up to speed on this complex, ever-changing topic.
Publisher: Wolters Kluwer Law & Business
Release Date: 2017-05-18
If you need the short answer to a Section 1983 question, and you can't afford to waste time running down the wrong research path, turn to the Handbook of Section 1983 Litigation, 2017 Edition. This essential guide is designed as the practitioner's desk book. It provides quick and concise answers to issues that frequently arise in Section 1983 cases, from police misconduct to affirmative actions to gender and race discrimination. It is organized to help you quickly find the specific information you need whether you're counsel for the plaintiff or defendant. You will find a clear, concise statement of the law governing every aspect of a Section 1983 claim, extensive citation to legal authority, every major Supreme Court ruling on Section 1983, as well as key opinions in every circuit, and a detailed overview of case law. The Handbook of Section 1983 Litigation, 2017 Edition is written by David Lee, a practicing expert with 30 years of litigation experience. He has lectured on civil rights topics before thousands of litigators during his career, and argued four cases before the United States Supreme Court, as well as numerous cases before the Tenth Circuit Court of Appeals. This new updated 2017 Edition features coverage of recent important Section 1983 U.S. Supreme Court cases including: Mullenix v. Luna Reed v. Town of Gilbert Glossip v. Gross Walker v. Sons of Confederate Veterans Taylor v. Barkes City and County of San Francisco v. Sheehan Rodriguez v. United States Kingsley v. Hendrickson City of Los Angeles v. Patel Armstrong v. Exceptional Child Center, Inc. Williams-Yulee v. Florida Bar Coleman v. Tollefson This is the one reference to keep at your fingertips at a hearing, trial, or deposition when dealing with Section 1983 cases.
Author: Mary Massaron Ross
Publisher: American Bar Association
Release Date: 2006
Traces the lines of authority that set forth the parameters for an illegal search and seizure claim or examining the emerging retaliation theories brought by public employees. The book contains expert analysis and provides lawyers with a practical approach to this technically difficult and ever-evolving area of law cover subjects such as: The procedural intricacies of Section 1983 litigation in court; causation; municipal and supervisory liability; state liability (Eleventh Amendment); preclusion defenses; survivorship and wrongful death; abstention doctrines, and more.
In this invaluable three-volume set, you'll get an analysis of every aspect of the statute from the plaintiffs' and defendants' side of the courtroom - from direction on potential to considerations about choice of forum. This reference also gives you citations to state and district court decisions and circuit-by-circuit breakdowns of leading decisions. Plus, you'll explore constitutional rights enforceable under Section 1983, every facet of municipal liability and qualified immunity, bifurcating claims against officers and municipalities, and more. Martin A. Schwartz, an expert of Section 1983 actions, goes a step further and provides positions on open issues. Also available as part of the Section 1983 Litigation Complete Six-Volume Set.
Author: Howard M. Wasserman
Publisher: Carolina Academic Press LLC
Release Date: 2018
Genre: Civil procedure
"This book provides an overview of civil rights and constitutional litigation under Section 1983 and its Bivens federal counterpart. The book is written for courses on Civil Rights Litigation and Federal Courts"-- Provided by publisher.
Author: John Boston
Publisher: Oxford University Press
Release Date: 2010-08-30
Prisoners' Self-Help Litigation Manual, in its much-anticipated fourth edition, is an indispensable guide for prisoners and prisoner advocates seeking to understand the rights guaranteed to prisoners by law and how to protect those rights. Clear, comprehensive, practical advice provides prisoners with everything they need to know on conditions of confinement, civil liberties in prison, procedural due process, the legal system, how to litigate, conducting effective legal research, and writing legal documents. Written by two legal and penitentiary experts with intimate knowledge of prisoner's rights and legal aid work, authors John Boston and Daniel E. Manville strategically focus on federal constitutional law, providing prisoners and those wishing to assist them with the most important information concerning legal rights. Over the past decade, prison law and conditions have changed significantly. This new edition is updated to include the most relevant prisoners' rights topics and approaches to litigation. Updates include all aspects of prison life as well as material on legal research, legal writing, types of legal remedies, and how to effectively use those remedies. Certainly the most authoritative, well-organized and relevant prisoner's rights manual available - - the eagerly awaited fourth edition should be purchased by everyone interested in civil rights for the incarcerated.
Author: William C. Canby
Publisher: West Academic
Release Date: 2004
Canby?s American Indian Law in a Nutshell, Fourth Edition is a succinct but comprehensive treatment of federal Indian law, with emphasis on jurisdictional problems and the policies underlying them. Topics include the history of American Indian law and policy, the federal-tribal trust relationship, Indian tribal sovereignty, treaty rights, criminal and civil jurisdiction in Indian country, Indian civil rights, tribal water rights and hunting and fishing rights. All text is supported by citation of cases and statutes.
Author: Federal Judicial Federal Judicial Center
Publisher: Createspace Independent Publishing Platform
Release Date: 2016-08-20
What is Section 1983? "Section 1983" refers to 42 U.S.C. 1983, the federal statute that enables you to file a civil action for deprivation of constitutional and federal statutory rights by persons acting under "color of law." Originally enacted in 1871, Section 1983 litigation experienced a period of dormancy, until 1961 and the landmark Supreme Court case, Monroe v. Pape, 365 U.S. 167 (1961), which gave private litigants a federal court remedy as a first resort rather than only in default of (or after) state action. Today, Section 1983 actions most commonly involve 1st Amendment issues like freedom of speech; 4th Amendment issues like search and seizure or use of force; 8th Amendment issues like cruel and unusual punishment; and 14th Amendment claims of due process violations."
In this lyrical, unsentimental, and compelling memoir, the son of a black African father and a white American mother searches for a workable meaning to his life as a black American. It begins in New York, where Barack Obama learns that his father—a figure he knows more as a myth than as a man—has been killed in a car accident. This sudden death inspires an emotional odyssey—first to a small town in Kansas, from which he retraces the migration of his mother’s family to Hawaii, and then to Kenya, where he meets the African side of his family, confronts the bitter truth of his father’s life, and at last reconciles his divided inheritance. Pictured in lefthand photograph on cover: Habiba Akumu Hussein and Barack Obama, Sr. (President Obama's paternal grandmother and his father as a young boy). Pictured in righthand photograph on cover: Stanley Dunham and Ann Dunham (President Obama's maternal grandfather and his mother as a young girl). From the Trade Paperback edition.
Author: Frank L. Maraist
Publisher: West Academic
Release Date: 2010
Addresses maritime tort law, collision law, worker injury claims, wrongful death, and platform injuries. Explores maritime property liens and the seaman's employment contract, wages, and compromise of claims. Discusses marine insurance, towage and pilotage, salvage, and general average. Also covers sovereign immunity; joint and several liability, indemnity, and contribution; liability limitations; and jurisdiction and procedure in maritime claims.
Peopled by larger-than-life heroes and villains, charged with towering questions of good and evil, Atlas Shrugged is Ayn Rand’s magnum opus: a philosophical revolution told in the form of an action thriller. Who is John Galt? When he says that he will stop the motor of the world, is he a destroyer or a liberator? Why does he have to fight his battles not against his enemies but against those who need him most? Why does he fight his hardest battle against the woman he loves? You will know the answer to these questions when you discover the reason behind the baffling events that play havoc with the lives of the amazing men and women in this book. You will discover why a productive genius becomes a worthless playboy...why a great steel industrialist is working for his own destruction...why a composer gives up his career on the night of his triumph...why a beautiful woman who runs a transcontinental railroad falls in love with the man she has sworn to kill. Atlas Shrugged, a modern classic and Rand’s most extensive statement of Objectivism—her groundbreaking philosophy—offers the reader the spectacle of human greatness, depicted with all the poetry and power of one of the twentieth century’s leading artists.
Author: Peter W. D. Wright
Release Date: 2006-01-01
Aimed at parents of, and advocates for, special needs children, explains how to develop a relationship with a school, monitor a child's progress, understand relevant legislation, and document correspondence and conversations.