Nahmod Law

If you’re like me, you like (useful) lists. So what follows is a list of the twelve most recent section 1983-related decisions of the Supreme Court. These were handed down in the 2017 and 2018 Terms.

References are to sections in my Treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (4th ed. 2019)(West & Westlaw), and, where available, to this blog.

Supreme Court Decisions in the 2017 Term

• Artis v. District of Columbia, 138 S. Ct. 594 (2018): tolling under 28 U.S.C. § 1367(d) (See § 1:33)
• Lozman v. City of Riviera Beach, 138 S. Ct. 1945 (2018): First Amendment retaliatory arrests and probable cause as a defense (See § 3:13 and this blog [search “Lozman”])
• District of Columbia v. Wesby, 138 S. Ct. 577 (2018): Fourth Amendment probable cause to arrest and qualified immunity (See§ 8:62 and this blog [search “Wesby”])
• Kisela v. Hughes,  138 S. Ct. 1148 (2018): Fourth Amendment excessive force and qualified immunity (See § 8:63 and this blog [search “Kisela’])
• Sause v. Bauer: Free Exercise and qualified immunity (See § 8:72)
• Murphy v. Smith: Prison Litigation Reform Act limitation on fees for prevailing plaintiff inmates (See § 10:15)

Supreme Court Decisions in the 2018 Term

• Manhattan Community Access v. Halleck, 139 S. Ct. — (2019): state action and operation of a city’s private access channel (See § 2:10)
• Nieves v. Bartlett, 139 S. Ct. — (2019): First Amendment retaliatory arrests and probable cause as a defense (See § 3:13 and this blog [search “Nieves”])
• Timbs v. Indiana, 139 S. Ct. — (2019): Excessive Fines Clause incorporated (See § 3:28 and this blog [search “Timbs”])
• Knick v. Township of Scott, 139 S. Ct. — (2019): takings and ripeness (See3:71 and this blog [search “Knick”])
• City of Escondido v. Emmons, 139 S. Ct. — (2019): Fourth Amendment excessive force and qualified immunity (See § 8:63 and this blog [search “Emmons”])
• McDonough v. Smith, 139 S. Ct. — (2019): accrual of fabrication of evidence claims (See § 9:30 and this blog [search “McDonough”])

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