Archives
- Reed v. Goertz: A New Supreme Court §1983 Accrual Decision
- The Intriguing Intersection of DeShaney and Monell Liability: The Seventh Circuit’s LaPorta Decision
- Save the Dates: Annual Section 1983 Conference (In-Person) on April 27-28, 2023
- A Student Drowns While On A Field Trip: The Separate State of Mind Hurdle in Substantive Due Process Affirmative Duty Cases
- A Unique High-Speed Police Pursuit Case: The Plaintiff Might Win Against The Officer And City
- The Second Circuit Rules That Contracts Clause Violations Are Actionable Under Section 1983
- Bill of Attainder Violations and Section 1983
- Three Scholars Discuss Government Funding and Church-State Separation after Carson (Video)
- Off-Duty Police and State Action/Color of Law
- Additions to List of 2021 Term Section 1983-Related Supreme Court Decisions
- A Short List of 2021 Term Section 1983-Related Supreme Court Decisions
- Miranda Violations and Section 1983: The Disingenuous Decision in Vega v. Tekoh
- The Religion Clauses, RFRA & RLUIPA: My New Video
- The Supreme Court Maintains Its Aggressive Qualified Immunity Campaign
- Section 1983 in State Courts: Justiciability
- 38th Annual Conference on Section 1983: April 20-21, 2022
- Nominal Damages and Section 1983
- The Free Speech Rights of Adults and Public School Students: A Video
- Section 1983 Malicious Prosecution, Favorable Termination and Oral Argument in Thompson v. Clark
- The Shot Suspect Who Escapes & The Seizure Question: Torres v. Madrid (2021)
- Recent Section 1983 Religion Decisions From The Circuits
- The Third Circuit Punts On Whether Contracts Clause Violations Are Actionable Under Section 1983
- Persons Who Are Not “Persons”: A Podcast on Absolute Immunity
- Clearly Settled Law Deals Only With Constitutional Norms, Not With Other Elements of Section 1983
- Section 1983 Litigators Must Know Their State’s Preclusion Law
- The Broad Scope of Judicial Immunity: An Example from the Eighth Circuit
- Identifying Officers in Police Excessive Force Cases: Sixth Circuit Rules that Summers v. Tice Does Not Apply
- What is the Noerr-Pennington Doctrine and What Does It Have to Do with Section 1983?
- 37th Annual Conference on Section 1983: 4/21-23/2021
- Seeking, or Defending Against, Section 1983 Injunctive Relief? Pay Attention to Younger v. Harris
- What Is “Favorable Termination” Where There Is No Conviction?
- Proximate Cause and Recoverable Damages in Section 1983 Cases
- Right of Access Claims, Cover-Ups and the Seminal Harbury Decision
- DeShaney’s No-Affirmative Duty Rule, Section 1983 and Danger-Creation: Three Recent Decisions
- My Son Interviews His Father About Section 1983, Constitutional Law and Arguing in the Supreme Court
- Will Bush v. Gore Return to Haunt Us?
- Is There a Fourth Amendment Seizure When a Person Flees?
- The First Amendment and Anti-BDS Legislation: A Video
- Chalking Tires, Parking Tickets, Community Caretaking and the Fourth Amendment
- Retaliatory Civil Actions and the First Amendment After Nieves
- Off-Duty Police Officers, “Private” Conduct and State Action
- The George Floyd Case and Section 1983: A Police Officer’s Constitutional Duty to Intervene
- After Janus, Are Public Employee Unions Subject to Section 1983 Damages Liability?
- Removal, Attorney’s Fees and the Crucial Individual-Official Capacity Distinction
- Heck Accrual, Section 1983 and Custody: An Important 2020 Seventh Circuit Decision
- Finally! A State’s Highest Court Creates Clearly Settled Law
- The Second Amendment and Section 1983 (Podcast): A Section 1983 Conference Encore
- The Rooker-Feldman Doctrine in the Circuits
- Damages and Procedural Defenses (Podcast): A Section 1983 Conference Encore
- Cancelled: April 23-24, 2020, Conference on Section 1983
- Know Your Constitution (10): The Second Amendment
- Takings Claims Against States After Knick: Some Unanswered Questions
- Upcoming 37th Conference on Section 1983: April 23-24, 2020
- National Dysfunction and the Impeachment Process
- Know Your Constitution (9): What Are the Free Speech Rights of Public Employees?
- A Section 1983 Primer (13): Qualified Immunity
- The Intersection of Rehberg (Absolute Witness Immunity) and Section 1983 Malicious Prosecution
- A Conscious Decision Not To Do Something Can Be An Actionable Official Policy or Custom Under Section 1983
- The Twelve Most Recent Section 1983-Related Decisions of SCOTUS
- The Knick Case, Takings and Section 1983: A Somewhat Different View
- McDonough v. Smith: The Supreme Court Answers an Important Section 1983 Fabrication of Evidence Accrual Question
- Freedom of Speech in the University: A Podcast (for Non-Lawyers Especially)
- Qualified Immunity: Can Unpublished Circuit Court Opinions Establish Clearly Settled Law?
- Nieves v. Bartlett and Retaliatory Arrests: Protecting Law Enforcement at the Expense of the First Amendment and Section 1983
- The Free Speech Rights of Condo Owners and Boards: A Video
- Clearly Settled Law and Municipal Liability for Failure to Train: Erroneous Circuit Decisions
- The Excessive Fines Clause, Timbs v. Indiana and Section 1983 Implications
- City of Escondido v. Emmons: Another SCOTUS Summary Reversal in a Qualified Immunity Excessive Force Case
- Brochure for 36th Annual Section 1983 Conference on April 11-12, 2019
- Flint, Michigan, the Safe Drinking Water Act and Section 1983 Constitutional Claims
- Younger Abstention and Amended Complaints
- 36th Annual Section 1983 Conference on April 11-12, 2019: Save the Date
- Substantive Due Process Privacy Violations and Section 1983 Claims
- Manuel v. City of Joliet and Accrual: The Plaintiff Wins in the Seventh Circuit
- Video of Lecture on the Religion Clauses, RFRA and RLUIPA
- Local Governments Can Be Liable for Failure to Supervise Police in Excessive Force Cases, But Not in This Second Circuit Decision
- Substantial Section 1983 Compensatory and Punitive Damages Awarded for False Arrest on Sexual Abuse Charges
- A DeShaney Danger Creation Case that Survived Summary Judgment
- Remarks On Receiving the American Constitution Society Abner Mikva Award (with Some Comments about Section 1983)
- Lozman v. City of Riviera Beach and First Amendment Retaliatory Arrest Damages Claims: The Court Again Sidesteps the Probable Cause Issue
- An Unusual Section 1983 Second Amendment Lawsuit Brought by Police Officers(!)
- What Everyone Should Know About Free Speech, Hate Speech and Political Protests: My New Video
- “A Lark and a Frolic” and the Public/Private Distinction: When Does a Nominal State Actor Lose That Status?
- Who Decides the Final Policymaker Question in Section 1983 Litigation?
- Attorneys Must, At Their Peril, Understand The Official-Individual Capacity Distinction In Section 1983 Damages Cases
- Kisela v. Hughes: Another Predictable Supreme Court Excessive Force Qualified Immunity Decision
- Qualified Immunity, False Arrest and District of Columbia v. Wesby
- Pleading, Iqbal and the Removal of Section 1983 Claims to Federal Court
- Section 1983 in Federal Court: An Introduction to the Rooker-Feldman Doctrine
- Are Contract Clause Violations Actionable Under Section 1983? A Circuit Split
- Come to Our 35th Annual Section 1983 Conference on April 26-27, 2018
- “Swatting” and Section 1983: Some Preliminary Thoughts
- Free Speech, Universities and Campus Disruption
- Cert Granted in Lozman v. City of Riviera Beach: Section 1983 First Amendment Retaliatory Arrest Claims & Probable Cause
- Proximate Cause and Section 1983 Damages: The Exclusionary Rule’s Attenuation Doctrine and Relating Remedy to Violation
- Freedom of Speech (6): Fighting Words
- The Supreme Court Comments on the Intracorporate Conspiracy Doctrine and Indirectly on Section 1983
- Does the Fourth Amendment’s Exclusionary Rule Apply in Section 1983 Cases? The Circuits Answer No
- County of Los Angeles v. Mendez: Supreme Court Rejects “Provocation Rule,” Remands On Proximate Cause
- Manuel v. City of Joliet: The Court Rules Section 1983 “Malicious Prosecution” Claims Can Be Based on the Fourth Amendment But Otherwise Punts
- County of Los Angeles v. Mendez (pending): Section 1983, Proximate Cause and the Fourth Amendment
- White v. Pauly: Another Supreme Court Signal on Excessive Force and Qualified Immunity
- An Injured Public Employee Gets Past DeShaney and Collins v. City of Harker Heights
- 34th Annual Section 1983 Conference on April 20-21, 2017 in Chicago
- Political Protests and the First Amendment (Video)
- A Section 1983 Primer (12B): Survival and Wrongful Death–What Happens When a Section 1983 Plaintiff Dies or Has Been Killed
- A Section 1983 Primer (12A): Survival and Wrongful Death–What Happens When a Plaintiff Dies or Has Been Killed?
- Nahmodlaw.com Has Been On Break: Will Resume Next Week
- My Lecture on the Supreme Court, Free Speech and Hate Speech (Audio)
- My Class on Congressional Abrogation of 11th Amendment Immunity and on the Treaty Power (Audio)
- My Class on Presidential Power (Audio)
- State Action, Color of Law and Section 1983
- DeShaney in the Circuits (VII): Another Disturbing Affirmative Duty Case Lost by Plaintiffs
- My Amicus in Manuel v. City of Joliet, No. 14-9496: Section 1983 “Malicious Prosecution”
- Section 1983 Police Officer Liability for Driving Recklessly
- What Does It Take to “Shock the Conscience” in the Classroom?
- Shotgun Pleadings and Section 1983: The Eleventh Circuit Speaks Out
- Section 1983 Malicious Prosecution (VII): Recent Decisions from the Sixth, Seventh and Tenth Circuits
- Certiorari Granted in Important Section 1983 Malicious Prosecution Case: Manuel v. City of Joliet
- “Get Over It”: Justice Scalia and Bush v. Gore, Roe v. Wade and Obergefell v. Hodges
- Federal Attorney’s Fees Statute Means What SCOTUS Says It Means: Slapping Down the Idaho Supreme Court
- Mullinex v. Luna: A Supreme Court Qualified Immunity Excessive Force/High-Speed Police Chase Decision
- My Class on Race, Dred Scott and Korematsu (Audio)
- My Class on Presidential Immunity and Separation of Powers, with an Introduction to Preemption (Audio)
- My Class on the Affordable Care Act Case: Taxing, Spending and the Commerce Clause (Audio)
- My First Amendment Class on Access to the Press and to Information (Audio)
- The Confederate Flag and the Walker Case: A Video
- Supreme Court Preview 2015 Term (Video)
- All My Legal Education Posts to 10-12-15
- All My First Amendment Posts to 10-12-15
- All My Constitutional Law Posts to 10-12-15
- All My Section 1983 Posts to 10-12-15
- A Third Circuit Statute of Limitations Case: Accrual, the Continuing Violation Doctrine and Equitable Tolling
- More Post-Iqbal Supervisory Liability Cases in the Circuits
- Kingsley v. Hendrickson: New Supreme Court Pretrial Detainee Excessive Force Decision
- Carroll v. Carman: New Supreme Court Qualified Immunity Decision On Warrantless Entries
- San Francisco v. Sheehan: New Supreme Court Qualified Immunity Decision Dealing with Shooting the Mentally Disturbed (ADA Issue Not Reached)
- Section 1983 Malicious Prosecution (VI): Third and Fourth Circuit Decisions with a Fabrication of Evidence Twist
- Section 1983 Malicious Prosecution (V): A Recent Seventh Circuit Decision
- DeShaney in the Circuits (VI): Some Recent Decisions
- Come to My Section 1983 Conference April 16-17, 2015
- Know Your Constitution (8): What is State Action?
- Anti-SLAPP Statutes and State-Law Claims: Is a City Protected?
- Laptops in the Socratic Classroom: Part Two
- 2014 in review
- Freedom of Speech (4): Internet Threats and Elonis v. United States
- The Second Amendment and Section 1983: A Podcast
- Oyez’s Fourth Amendment Deep Dive
- A Video: The Religion Clauses, Town of Greece and Hobby Lobby
- Know Your Constitution (7): What Is Substantive Due Process/Right of Privacy?
- DeShaney in the Circuits (V): The Third and Tenth Circuits Weigh In
- Remarks on the Establishment Clause and Town of Greece
- All My Videos: Constitutional Law, Section 1983 and SCOTUS
- Recent Post-Iqbal Supervisory Liability Decisions in the Circuits
- Lane v. Franks: New Supreme Court Public Employee Free Speech Decision
- A Section 1983 Primer (11): Statutes of Limitation and Continuing Violations
- Wood v. Moss: New Supreme Court First Amendment Qualified Immunity Decision Involving Presidential Security
- Plumhoff v. Rickard: New Supreme Court Section 1983 Fourth Amendment/Qualified Immunity Decision
- Section 1983 Gun Liability and The Child Safety Lock Act
- A Short Video on Lane v. Franks
- Section 1983 Malicious Prosecution: Some Recent Decisions (IV)
- The 31st Annual Conference on Section 1983 Litigation
- Law Professors’ Amicus Brief in Lane v. Franks
- My New Article: The Birth of Section 1983 in the Supreme Court
- Know Your Constitution (6): What Is Procedural Due Process?
- My New Video on Section 1983 Basics
- Cert Granted in New Public Employee Free Speech Case: Lane v. Franks
- 2013 in review
- Blog on Break
- Know Your Constitution (5): Free Speech and Hate Speech
- Certiorari Granted in Plumhoff v. Rickard: Excessive Force, High-Speed Police Pursuits and Scott v. Harris
- Recent Statutes of Limitation Accrual Decisions in the Circuits
- A Video Presentation on Town of Greece v. Galloway
- Town of Greece v. Galloway: Pending Supreme Court Decision on Legislative Prayer and the Establishment Clause
- Section 1983, Statutes of Limitation and Accrual: Recent Circuit Decisions Applying Heck v. Humphrey
- New University Academic Freedom Decision from Ninth Circuit: Demers v. Austin
- First Amendment Retaliatory Arrest Decisions After Reichle
- Two Post-Filarsky Private Individual Immunity Decisions in the Circuits
- Section 1983 Malicious Prosecution: Some Recent Decisions (III)
- Recent Post-Iqbal Pleading Decisions in the Circuits (II)
- Follow me on Twitter: @NahmodLaw
- New Supreme Court Decision on Free Speech and Government Funding: The Agency for International Development Case
- The Fisher Case on Affirmative Action and the Shelby County Case on Voting Rights: Two of a Kind
- A Section 1983 Primer (10): Statutes of Limitations and Accrual After Heck v. Humphrey
- DeShaney in the Circuits (IV): The Seventh Circuit’s Reformulation
- DeShaney in the Circuits (III): The Fifth Circuit En Banc Holds the Line
- Class-of-One Equal Protection Claims: Uncertainty in the Seventh Circuit
- Certiorari Granted in Madigan v. Levin: An Important Section 1983/ADEA Preclusion Case
- All My Posts Through 4-10-13
- A Short Video on Equal Protection Basics
- A Section 1983 Primer (9): Absolute Judicial Immunity
- The Second Amendment and Gun Control: Unanswered Questions
- A Section 1983 Primer (8): Absolute Legislative Immunity
- Know Your Constitution (4): What Is Equal Protection?
- “Section 1983 Is Born”: A Working Paper
- New Supreme Court Attorney’s Fees Decision: Lefemine v. Wideman
- Know Your Constitution (3): Myths About the Supreme Court
- Know Your Constitution (2): Myths About the Constitution
- Know Your Constitution (1): The Structure of Government
- A Section 1983 Primer (7): Introduction to Absolute Individual Immunity
- Affirmative Action and Fisher v. University of Texas: A Video Discussion
- Section 1983 and the Intracorporate Conspiracy Doctrine
- Two Recent Post-Iqbal Pleading Decisions in the Circuits
- A Section 1983 Primer (6): Claim and Issue Preclusion
- Article: The Long and Winding Road from Monroe to Connick
- The Health Care Act Decision: A Video Discussion
- Individual Mandate Upheld–Medicaid Expansion Upheld (Mostly)
- New Supreme Court Decision: Reichle v. Howards and First Amendment Retaliatory Arrests
- DeShaney in the Circuits (II): Affirmative Duties and Danger-Creation
- Filarsky v. Delia: A New Supreme Court Private Individual Immunity Decison
- Rehberg v. Paulk: A New Supreme Court Absolute Immunity Decision
- Certiorari Granted in Reichle v. Howards: A First Amendment Retaliatory Arrest Case
- Ryburn v. Huff: New Supreme Court Qualified Immunity Decision and a Slapdown of the Ninth Circuit
- The Constitutionality of the Patient Protection and Affordable Care Act: A Video Presentation
- Messerschmidt v. Millender: A New Qualified Immunity Search Warrant Decision
- New Supreme Court Religion Decision: Hosanna-Tabor Evangelical Lutheran Church and School
- The Patient Protection and Affordable Care Act: The Commerce Clause and Constitutional Trust
- Blog on Break
- From Monroe to Connick: Video
- From Monroe to Connick: Podcast
- All My Posts Through 11-11-11
- A Section 1983 Primer (5): Statutes of Limitation
- Certiorari Granted in Filarsky v. Delia: Private Attorney Immunity Under Section 1983
- Section 1983 Malicious Prosecution: Some Recent Decisions (II)
- Section 1983 Malicious Prosecution: Some Recent Decisions (I)
- DeShaney in the Circuits (I): Affirmative Duties and Danger-Creation
- Blog on Vacation until Late August: Coming Attractions
- Post-Iqbal Supervisory Liability in the Third and Tenth Circuits
- Borough of Duryea v. Guarnieri: New Supreme Court § 1983 Public Employee Petition Clause Case
- Fox v. Vice: New Supreme Court Attorney’s Fees Decision
- Certiorari Granted in Rehberg v. Paulk: An Intriguing Witness Immunity Case
- Camreta v. Greene: New Supreme Court Decision on Qualified Immunity and Appellate Jurisdiction
- Post-Iqbal Pleading in Federal Courts: Three Recent Circuit Decisions
- Anti-SLAPP Statutes in Federal Courts
- Connick v. Thompson: New Supreme Court Decision on Local Government Liability for Failure to Train
- Article: Justice Souter on Government Speech
- New Supreme Court Section 1983, Habeas and Heck Decision: Skinner v. Switzer
- Certiorari Granted in Camreta v. Greene: Appellate Jurisdiction in Section 1983 Qualifed Immunity Cases
- New Supreme Court Section 1983 Qualified Immunity Decision: Ortiz v. Jordan
- Government Speech and Justice Souter (9): A Short Coda
- Government Speech and Justice Souter (8): Pleasant Grove City v. Summum
- New Supreme Court Section 1983 Municipal Liability Decision: Los Angeles County v. Humphries
- Government Speech and Justice Souter (7): Garcetti v. Ceballos
- Supreme Court Review: 2009 Term (video)
- Animal Cruelty, Crush Videos and U.S. v. Stevens (Video)
- Government Speech and Justice Souter (6): Johanns v. Livestock Marketing Association
- Government Speech and Justice Souter (5): Univ. of Wisconsin v. Southworth
- The “Ground Zero Mosque”: A Discussion (Video)
- Government Speech and Justice Souter (4): Glickman and Finley
- Government Speech and Justice Souter (3): Rosenberger v. Rectors of the University of Virginia
- Government Speech and Justice Souter (2): Rust v. Sullivan
- Government Speech and Justice Souter (1): Introduction
- Gun Control, the Second Amendment and Section 1983 After McDonald v. Chicago
- Anti-SLAPP Statutes and Section 1983 (Updated)
- All My Posts Through July 7, 2010
- Certiorari Granted in Skinner v. Switzer: Section 1983, Habeas and Heck
- Purdue v. Kenny A.: A New Supreme Court Attorney’s Fees Decision
- Laptops in the Socratic Classroom
- A Section 1983 Podcast: Damages and Procedural Defenses
- A Section 1983 Primer (4): Causation and the Mt. Healthy Burden-Shift Rule
- Justice Stevens and Section 1983
- Certiorari Granted in Connick v. Thompson: A Prosecutorial Failure to Train Local Government Liability Case
- Section 1983 Supreme Court Decisions–2009: A Video Presentation
- Supreme Court Decisions, 2007-2008: A Video Presentation
- From Buckley to Citizens United (Part Two of Two)
- From Buckley to Citizens United (Part One of Two)
- Freedom of Speech (3): The Clear and Present Danger Years
- A Section 1983 Primer (3): Constitutional States of Mind
- Freedom of Speech (2): Content, Medium and Forum
- Freedom of Speech (1): Three Rationales
- Blog on Vacation; 2010 Plans
- The Religion Clauses: ‘Tis the Season
- Public Employee Free Speech: The New Regime
- A Section 1983 Primer (2): The Seminal Decision of Monroe v. Pape
- The Equal Protection Clause and Fundamental Interests
- Prosecutorial Immunity Revisited: The Pottawattamie County Case (UPDATED)
- Affirmative Action
- A Section 1983 Primer (1): History, Purposes and Scope
- Brown v. Board of Education
- My Position on Supervisory Liability after Iqbal
- The Dormant Commerce Clause
- Precluding Section 1983 Constitutional Claims: Fitzgerald v. Barnstable School Comm.
- The Commerce Clause
- Qualified Immunity “Order of Battle” Modified
- Rethinking Section 1983 Malicious Prosecution
- Haywood v. Drown: Close Call for the Supremacy Clause?
- McCulloch v. Maryland: Exegesis and Constitutional Education
- Marbury v. Madison: Some Additional Lessons
- Van De Kamp and the Shift in Prosecutorial Immunity
- Iqbal and Section 1983 Supervisory Liability
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