Tags » Civil Rights - Section 1983

DeShaney in the Circuits (VII): Another Disturbing Affirmative Duty Case Lost by Plaintiffs

I have blogged previously about how the Supreme Court’s controversial DeShaney decision has fared in the circuits. DeShaney held that as a general matter governments have no… 629 more words

Civil Rights - Section 1983

My Amicus in Manuel v. City of Joliet, No. 14-9496: Section 1983 "Malicious Prosecution"

As some of you know, I have been arguing for quite some time that the scope of section 1983 should not be governed by tort law. 994 more words

Civil Rights - Section 1983

Section 1983 Police Officer Liability for Driving Recklessly

Protecting Police Officers from Section 1983 Damages Liability

By now, many of us know that section 1983 doctrines are highly protective of police officers sued for violating citizens’ constitutional rights. 709 more words

Civil Rights - Section 1983

What Does It Take to "Shock the Conscience" in the Classroom?

Substantive Due Process and the “Shocks the Conscience” Test

Many of us know of the substantive due process test of “shocks the conscience” and the very high hurdle it presents for… 520 more words

Civil Rights - Section 1983

Shotgun Pleadings and Section 1983: The Eleventh Circuit Speaks Out


Many of us know that the Supreme Court’s decision in Ashcroft v. Iqbal, 566 U.S.  662 (2009), was a game-changer in announcing a heightened pleading requirement of “plausibility” in federal courts. 630 more words

Civil Rights - Section 1983