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 Civil Practice and Remedies Code written by Texas and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Revisionist Municipal Liability written by Avidan Cover and published by . This book was released on 2017 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current constitutional torts system under 42 U.S.C. § 1983 affords little relief to victims of government wrongdoing. Victims of police brutality seeking accountability and compensation from local police departments find their remedies severely limited because the municipal liability doctrine demands plaintiffs meet near-impossible standards of proof relating to policies and causation.The article provides a revisionist historical account of the Supreme Court's municipal liability doctrine's origins. Most private litigants' claims for damages against cities or police departments do not implicate the doctrine's early federalism concerns over protracted federal judicial interference with local governance. Meanwhile the federal government imposes extensive reforms on local police departments through the Violent Crime Control and Law Enforcement Act, 42 U.S.C. § 14141. The resulting system of bifurcated municipal liability for police misconduct ignores history. It permits government-initiated systemic, injunctive relief claims to flow readily, but effectively bans individual victims' discrete damages claims. The article proposes making it easier to sue local governments for police brutality. Reducing the standard for damages relief does not offend federalism principles and realizes objectives critical to the constitutional remedial system: compensation, trust, vindication of rights, and appropriate assignment of responsibility. The article proposes a remedial scheme authorizing civil actions for police brutality victims against local governments for (1) a pattern or practice of local government police misconduct, and (2) isolated instances where a local police department lacks a policy, of which there is national consensus by other local departments that the policy is necessary to prevent a particular constitutional harm. The proposal also expands the potential for individual officer liability when the local police department has a specific policy in place aimed at preventing wrongdoing that the officer ignores.

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 The Tort Liability of Public Officers written by Leon Thomas David and published by . This book was released on 1940 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Constitutional Torts Over Deterrence and Supervisory Liability After IQBAL written by Sheldon H. Nahmod and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 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 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 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 Municipal Liability written by Vincent R. Fontana and published by . This book was released on 1996 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Liability of School Officials and Administrators for Civil Rights Torts written by Richard S. Vacca and published by MICHIE. This book was released on 1982 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Municipal Liability Under 42 USC written by LandMark Publications and published by . This book was released on 2018-01-29 with total page 524 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 municipal liability under 42 USC Section 1983.Ever since the Supreme Court decided Monell v. New York City Dep't of Soc. Servs., 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), the availability of entity liability under section 1983 has been established. This rule is not limited to municipal corporations, although that was the type of entity involved in Monell itself. Glisson v. Indiana Dept. of Corrections, 849 F. 3d 372 (7th Cir. 2017).The critical question under Monell, reaffirmed in Los Angeles Cnty. v. Humphries, 562 U.S. 29, 131 S.Ct. 447, 178 L.Ed.2d 460 (2010), is whether a municipal (or corporate) policy or custom gave rise to the harm (that is, caused it), or if instead the harm resulted from the acts of the entity's agents. There are several ways in which a plaintiff might prove this essential element. First, she might show that "the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body's officers." Humphries, 562 U.S. at 35, 131 S.Ct. 447 (quoting Monell, 436 U.S. at 690, 98 S.Ct. 2018). Second, she might prove that the "constitutional deprivation[] [was] visited pursuant to governmental 'custom' even though such a custom has not received formal approval through the body's official decisionmaking channels." Monell, 436 U.S. at 690-91, 98 S.Ct. 2018. Third, the plaintiff might be able to show that a government's policy or custom is "made... by those whose edicts or acts may fairly be said to represent official policy." Id. at 694, 98 S.Ct. 2018. As we put the point in one case, "[a] person who wants to impose liability on a municipality for a constitutional tort must show that the tort was committed (that is, authorized or directed) at the policymaking level of government...." Vodak v. City of Chicago, 639 F.3d 738, 747 (7th Cir. 2011). Either the content of an official policy, a decision by a final decisionmaker, or evidence of custom will suffice. Glisson v. Indiana Dept. of Corrections, ibid.

Download or read book Report on Governmental Immunity for Torts of Its Employees written by Arizona. Legislature. Legislative Council and published by . This book was released on 1955 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Constitutional Litigation Under Section 1983 written by Mark Richardson Brown and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To view or download the 2022 supplement of this book here. Constitutional Litigation Under Section 1983 exhaustively analyzes the varied problems that arise in civil rights suits alleging violations of the United States Constitution. The cases, questions, and commentary not only survey the stumbling blocks plaintiffs and defendants are likely to encounter in this type of federal litigation, but also address peculiar problems that tend to arise with specific constitutional rights -- such as the Fourth Amendment's proscription on unreasonable searches and seizures, the Fifth Amendment's requirement of just compensation, and the Due Process Clause's requirements for properly extracting taxes. Topics include: The elements of a Section 1983 claim; Sovereign immunity and the Eleventh Amendment's protection of state governments; Local government liability for constitutional wrongs; The availability of damages, declaratory judgments, and injunctive relief; Absolute and qualified immunities for governmental officials; Exhaustion of remedies before state agencies and courts; Choice of law issues; Res judicata and collateral estoppel; Federal abstention doctrines; The availability of relief against private persons; and The availability of fee-shifting for successful litigants. This book focuses on the particular problems that arise in litigation against states, local governments, and their agents under the United States Constitution. Constitutional Litigation Under Section 1983 is constructed to serve as the principal reading for a two- or three-hour course. The book uses the United States Constitution as a tool to convey to the student a succinct understanding of the policies, procedures, problems, and precedents that surround federal litigation with the government. The Third Edition includes the following case excerpts and related discussions: Connick v. Thompson Safford Unified School District #1 v. Redding Clapper v. Amnesty International Hollingsworth v. Perry United States v. Windsor Fox v. Vice Perdue v. Kenney The Appendix to Constitutional Litigation Under Section 1983 includes the text of relevant provisions in the United States Constitution, together with the text of pertinent statutes and procedural rules. Constitutional Litigation Under Section 1983 is also accompanied by a comprehensive Teacher's Manual (available only to professors).

Download or read book Discretionary Function written by Jeffrey Axelrad and published by . This book was released on 1989 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: