Tags » Civil Rights - Section 1983

The Supreme Court Comments on the Intracorporate Conspiracy Doctrine and Indirectly on Section 1983

I blogged about the intracorporate conspiracy doctrine and its relation to section 1983 on October 8, 2012, and that post should be read here for background: … 276 more words

Civil Rights - Section 1983

Does the Fourth Amendment's Exclusionary Rule Apply in Section 1983 Cases? The Circuits Answer No

In Mapp v. Ohio, 367 U.S. 643 (1961), the Supreme Court held that the exclusionary rule—-under which evidence obtained by law enforcement officers who engage in searches or seizures in violation of the Fourth Amendment may not ordinarily be used against criminal defendants at trial—-applied to the states. 625 more words

Civil Rights - Section 1983

County of Los Angeles v. Mendez: Supreme Court Rejects "Provocation Rule," Remands On Proximate Cause

On May 30, 2017, the Supreme Court handed down a unanimous decision in County of Los Angeles v. Mendez (No. 16-369), vacating and remanding, 815 F.3d 1178 (9th Cir. 1,052 more words

Civil Rights - Section 1983

County of Los Angeles v. Mendez (pending): Section 1983, Proximate Cause and the Fourth Amendment

County of Los Angeles v. Mendez, No. 16-369 (argued March 22, 2017)

The Factual Background

Suppose that police officers, looking for a felony parolee-at-large with an outstanding arrest warrant, engage in a warrantless entry into a home without exigent circumstances (they should have secured a search warrant), and without knocking and announcing, in violation of the… 585 more words

Civil Rights - Section 1983

White v. Pauly: Another Supreme Court Signal on Excessive Force and Qualified Immunity

In White v. Pauly,  137 S. Ct. 548 (2017)(per curiam), the Supreme Court once more strongly sent a message that police officers are to be given maximum deference when sued for damages under… 1,046 more words

Civil Rights - Section 1983

An Injured Public Employee Gets Past DeShaney and Collins v. City of Harker Heights

The DeShaney and Collins Obstacles for Injured Public Employees Seeking Section 1983 Damages

A public employee who has been injured and thereby deprived of his or her constitutional rights by the employer’s failure to prevent the injury has two major… 745 more words

Civil Rights - Section 1983