Nahmod Law

Some of you may be interested in a short list of recent Supreme Court section 1983-related decisions. Here are decisions from the Court’s 2021 Term, together with the current two cert-granted cases for the 2022 Term. I hope you find the list useful.

Please note that section references are to the forthcoming 2022-23 Edition of my Treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (West, Westlaw).

Thanks.

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Supreme Court Decisions in the 2021 Term

• Kennedy v. Bremerton School Dist: Free Exercise Clause protection for public on-field prayer of high school football coach (see §3:15)
• Carson v. Makin: Maine prohibition of tuition assistance for parents of school children attending private religious schools in school districts without public high schools violates Free Exercise Clause (see §3:15)
• New York State Rifle & Pistol Assn. v. Bruen: New York statute requiring anyone seeking a license for concealed carry of handgun to show “proper cause” violates Second Amendment (see §3:16)
• Vega v. Tekoh: Miranda violations standing alone not actionable under section 1983 (see §3:25)
• Dobbs v. Jackson Women’s Health Organization: overruling Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey (see §§3:37, 3:52 and 3:78)
• Thompson v. Clark: section 1983 Fourth Amendment malicious prosecution and meaning of favorable termination (see §§3:66, 3:67, 9:30, 9:58 and 9:64)
• Nance v. Commissioner, Georgia Dept. of Corrections: injunctive relief challenge to method of execution is section 1983 claim and not habeas corpus (see §§9:57 and 9:64)

Certiorari Granted for Decision in the 2022 Term

      • Health and Hospital Corp. of Marion County v. Talevski: does Spending Clause legislation give rise to privately enforceable rights under section 1983? (see §2:38)

• Reed v. Goertz: when does statute of limitations for section 1983 claim seeking DNA testing begin to run? (see §9:58)

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