Tags » Civil Rights - Section 1983

Kisela v. Hughes: Another Predictable Supreme Court Excessive Force Qualified Immunity Decision

Kisela v. Hughes

The Supreme Court did it again. In  Kisela v. Hughes, 138 S. Ct. — (2018)(per curiam), handed down on April 2, 2018, it reached out per curiam to reverse the Ninth Circuit in an excessive force qualified immunity case. 909 more words

Civil Rights - Section 1983

Qualified Immunity, False Arrest and District of Columbia v. Wesby

District of Columbia v. Wesby

The Court recently handed down District of Columbia v. Wesby, 2018 WL 491521 (S. Ct. 2018), involving §1983 Fourth Amendment claims against police officers and the District of Columbia arising out of the arrests of plaintiffs in a vacant house in the middle of the night. 1,058 more words

Civil Rights - Section 1983

Pleading, Iqbal and the Removal of Section 1983 Claims to Federal Court

Suppose a plaintiff decides to file his or her section 1983 complaint in state court, as permitted by the Supremacy Clause. Suppose further that the state court has a very pro-plaintiff pleading standard, which the plaintiff’s section 1983 complaint satisfies. 493 more words

Civil Rights - Section 1983

Section 1983 in Federal Court: An Introduction to the Rooker-Feldman Doctrine

Federal Courts Do Not Have Appellate Jurisdiction Over State Court Judgments

Despite the broad grants to federal courts of jurisdiction over section 1983 claims by 28 U.S.C. 672 more words

Civil Rights - Section 1983

Are Contract Clause Violations Actionable Under Section 1983? A Circuit Split

The Contract Clause, U.S. Const. Art I, § 10, provides: “No State shall … pass any … Law Impairing the Obligation of Contracts.”

The Supreme Court has developed a three-part Contract Clause test: (1) does the state law operate as a substantial impairment of the contractual relationship; (2) if so, does the state have a significant, legitimate public purpose behind the regulation; and (3), if so, is the adjustment of the rights and responsibilities of the contracting parties based on reasonable conditions and is it appropriate to the public purposes justifying the state regulation? 433 more words

Civil Rights - Section 1983

Come to Our 35th Annual Section 1983 Conference on April 26-27, 2018

I invite all civil rights litigators–whether new to section 1983 or experienced, whether representing plaintiffs or defendants–to attend our forthcoming 35th Annual Section 1983 Conference to be held at Chicago-Kent College of Law on Thursday and Friday, April 26-27, 2018. 174 more words

Civil Rights - Section 1983

"Swatting" and Section 1983: Some Preliminary Thoughts

Suppose, either as some sort of misguided prank or motivated by malice, an individual calls the police anonymously and informs them falsely that a man has killed his father and is holding other persons hostage at a particular address. 643 more words

Civil Rights - Section 1983