Local Government Liability for Constitutional Torts PDF Download
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Author: Robert Wesley Pearigen
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 450
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Book Description
Author: Robert Wesley Pearigen
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 450
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Book Description
Author: Robert Perry Sentell
Publisher:
ISBN:
Category : Constitutional torts
Languages : en
Pages : 38
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Book Description
Author: Edwin Montefiore Borchard
Publisher:
ISBN:
Category : Administrative responsibility
Languages : en
Pages : 104
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Book Description
Author: M. David Gelfand
Publisher: MICHIE
ISBN:
Category : Actions and defenses
Languages : en
Pages : 568
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Book Description
This book provides a practical approach to solving constitutional problems encountered by local governments. Constitutional aspects of land use planning, elections and voting rights, public employment labor relations, and local government services are discussed in the work.
Author: David J. McCarthy
Publisher:
ISBN:
Category : Local government
Languages : en
Pages : 456
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Book Description
Local Governing Power: General Aspects, Limitations, Resolution of Power Conflicts and Challenges; Formation of the Local Government, Alteration, Boundary Changes; Some Problems of Organization and Operation: Officers, Employees, Allocation and Delegation of Functions, Elections; Regulation of Conduct and the Use of Land: Acquisition, Limitations on Use and Disposition of Goods, Services and Property; Revenues; Considerations Pertinent to Citizen Litigation with Local Governments.
Author:
Publisher: McGraw-Hill Companies
ISBN:
Category : Law
Languages : en
Pages : 1948
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Book Description
Author: Sheldon H. Nahmod
Publisher:
ISBN: 9781632815507
Category : Constitutional torts
Languages : en
Pages : 0
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Book Description
To view or download the 2018 Supplement to this book, click here. This casebook emphasizes important circuit court decisions together with relevant Supreme Court case law. This enables students to see how principles articulated in Supreme Court decisions are implemented by lower courts. Constitutional Torts also addresses affirmative duties, constitutional tort actions in state courts, and attorney's fees. Further, this book is organized around the statutory language of section 1983, thereby driving home the crucial distinction between prima facie cases and constitutional tort immunities and defenses. The fourth edition covers Supreme Court decisions from the past several years, including Minneci v. Pollard (chapter 1), Lane v. Franks and Plumhoff v. Rickard (chapter 3), Connick v. Thompson (chapter 5), Rehberg v. Paulk (chapter 7), Carroll v. Carman, Reichle v. Howards, Ashcroft v. Al-Kidd, Camreta v. Greene, Tolan v. Cotton, Ortiz v. Johnson and Filarsky v. Delia (chapter 8), Lefemine v. Wideman and Perdue v. Kenny A. (chapter 12). The circuit courts have been active over the past few years. We have extensively revised the notes to take account of the recent developments. This edition also welcomes Fred Smith as a coauthor. Constitutional Torts studies circuit and district court decisions as crucial to understanding the developing law of Section 1983, because (a) they show how general principles of law pronounced by the Supreme Court are actually applied; (b) the Supreme Court rarely visits some important aspects of the doctrine; and (c) in this dynamic area of the law, the lower courts are the first to identify new issues and new ways of approaching old problems. At the same time, the materials continue to emphasize the "tort" aspects of Section 1983 litigation, especially with regard to affirmative duties, causation, official immunity, and damages. These materials illuminate both the similarities and differences between constitutional torts and analogous principles developed in the common law tort setting. By studying both tort and constitutional principles, students learn how to argue for and against the application of common law tort principles to constitutional tort issues, and will come to understand both the theoretical and practical consequences of the constitutional underpinnings of the litigation. Constitutional Torts provides a thorough treatment of compensatory damages, punitive damages, injunctive relief, and attorneys' fees. These materials not only explain the basic doctrine, but explore their strategic implications on the conduct of litigation. A Teacher's Manual is available to professors. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Author: Chester James Antieau
Publisher:
ISBN:
Category : Local government
Languages : en
Pages : 1190
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Book Description
Author: Pfander
Publisher:
ISBN: 9780190495312
Category :
Languages : en
Pages :
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Book Description
Author: Sheldon H. Nahmod
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
My forthcoming Article is divided into the following parts. In Part I, I survey relevant aspects of the law of § 1983 and Bivens. Painting with a broad brush and for the most part descriptively, I maintain that the Court's concern with over-deterrence has increasingly dominated constitutional torts. In Part II, I address the relevance of that concern for supervisory liability, set out what the Court said about supervisory liability in Iqbal and very briefly summarize the pre-IQBAL circuit consensus on supervisory liability. In Part III, I delve more deeply into the nature of supervisory liability and conclude that the Court, although without any real analysis, reached the correct result in IQBAL. Section 1983's legislative history, its language and, especially, policy considerations, all cut in favor of the constitutional approach under which it is the relevant constitutional provision that supplies the requisite state of mind, or fault. However, to the extent that IQBAL's adoption of the constitutional approach to supervisory liability was motivated by a concern with over-deterrence, I argue that this concern will not necessarily be advanced. It all depends on the particular constitutional violation. Finally, I address the glaring inconsistency between IQBAL's constitutional approach and City of Canton's deliberate indifference standard for § 1983 local government liability for failure to train. The Court in City of Canton explicitly and incorrectly grounded this standard on the causation approach under which the requisite state of mind, or fault, is supplied by § 1983. Local government liability under § 1983 must, of course, be based on an official policy or custom which, when implemented by local government officials or employees, causes a constitutional deprivation. But the official policy or custom requirement, like the personal involvement requirement for all individual liability, is really all about constitutional accountability and should be grounded on the constitutional approach.
