Download or read book Local Government Liability for Constitutional Torts written by Robert Wesley Pearigen and published by . This book was released on 1991 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Government Liability in Tort written by Edwin Montefiore Borchard and published by . This book was released on 1924 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Tort Claims Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Agency Administration and published by . This book was released on 1982 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Municipal Tort Liability in Georgia written by Robert Perry Sentell and published by . This book was released on 1988 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Civil Practice and Remedies Code written by Texas and published by . This book was released on 1986 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Municipal Liability Law and Practice written by Fontana and published by Wolters Kluwer. This book was released on 1999-12-01 with total page 2820 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Tort Liability Today written by John C. Pine and published by . This book was released on 1986 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Municipal Liability Under 42 U S C 1983 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1981 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Local Government Immunity to Lawsuits in North Carolina written by Trey Allen and published by Unc School of Government. This book was released on 2019-01-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The doctrine of governmental immunity can bar negligence and similar legal claims against cities, counties, and other local government units in North Carolina. Local officials, attorneys, and even judges often find it difficult to determine whether the immunity applies in specific cases. This book provides an in-depth guide to governmental immunity that should prove useful to anyone concerned with local government liability." -- back cover.
Download or read book The Section of Tort and Insurance Practice and the Division for Professional Education in Cooperation with the Section of Urban State and Local Government Law Present Municipal Liability written by and published by . This book was released on 1987 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Government Liability in Tort I written by Edwin Borchard and published by . This book was released on 1925 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Municipal Liability and 42 U S C 1983 written by Landmark Publications and published by . This book was released on 2021-03-16 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding municipal liability under 42 U.S.C. § 1983. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * Title 42 U.S.C. § 1983 provides in relevant part: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress[.]A municipality or other local government may be liable under § 1983 if the governmental body itself "subjects" a person to a deprivation of rights or "causes" a person "to be subjected" to such deprivation. Monell v. New York City Dept. of Social Servs., 436 U.S. 658, 692 (1978). But, under § 1983, local governments are responsible only for "their own illegal acts." Pembaur v. Cincinnati, 475 U.S. 469, 471 (1986) (emphasis in original) (citing Monell, 436 U.S. at 665-683). They are not vicariously liable under § 1983 for their employees' actions. Id. at 478.Municipal liability under § 1983 has three elements: (1) a policymaker; (2) an official policy; and (3) a violation of a constitutional right whose "moving force" is the policy or custom. Piotrowski v. City of Houston, 237 F.3d 567, 578 (5th Cir. 2001) (citing Monell, 436 U.S. at 694). Requiring satisfaction of these elements is "necessary to distinguish individual violations perpetrated by local government employees from those that can be fairly identified as actions of the government itself." Id.An official policy "usually exists in the form of written policy statements, ordinances, or regulations, but may also arise in the form of a widespread practice that is 'so common and well-settled as to constitute a custom that fairly represents municipal policy.'" James v. Harris Cty., 577 F.3d 612, 617 (5th Cir. 2009) (quoting Piotrowski, 237 F.3d at 579). Whatever its form, to yield municipal liability under § 1983, the policy must have been the "moving force" behind the plaintiff's constitutional violation. Piotrowski, 237 F. 3d at 580 (quoting Monell, 436 U.S. at 694). In other words, a plaintiff "must show direct causation, i.e., that there was 'a direct causal link' between the policy and the violation." James, 577 F.3d at 617 (quoting Piotrowski, 237 F.3d at 580). "Where an official policy or practice is unconstitutional on its face, it necessarily follows that a policymaker was not only aware of the specific policy, but was also aware that a constitutional violation [would] most likely occur." Burge v. St. Tammany Par., 336 F.3d 363, 370 (5th Cir. 2003) (citing Piotrowski, 237 F.3d at 579). Covington v. City of Madisonville, (5th Cir. 2020)
Download or read book Constitutional Torts written by Sheldon H. Nahmod and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Governmental Responsibility for Torts in Minnesota written by Orville C. Peterson and published by . This book was released on 1942 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Antieau s Local Government Law Municipal corporation law written by Chester James Antieau and published by . This book was released on 1955 with total page 1190 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Tort Liability and Immunity of Municipal Officials written by Charles S. Rhyne and published by . This book was released on 1976 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Administration of Public Tort Liability in Los Angeles 1934 1938 written by Leon Thomas David and published by . This book was released on 1939 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
