Archives
- Rooker-Feldman Applies Even Where State Court Decisions Are Not Final: T.M. v. University of Maryland Medical System
- Pending Supreme Court Rooker-Feldman Decision: T.M. v. University of Maryland Medical System
- Heck v. Humphrey and Purely Prospective Relief: The Supreme Court’s 2026 Decision in Olivier v. City of Brandon
- Schedule for 42nd Annual Section 1983 Conference: April 23-24, 2026
- 42nd Annual Section 1983 Conference: April 23-24, 2026 at Chicago-Kent
- The Sixth Circuit Provides a Primer on § 1983 Civil Conspiracies
- When Do State and Local Law Enforcement Officers Act Under Color of Federal Law? Federal-State Cooperation and the Bivens Dilemma
- Excessive Force Claims, Motions to Dismiss and Video Recordings
- Bush v. Gore 25 Years Later: I Still Can’t Get Over It
- Separation of Church and State: History, Law and Democracy (Video)
- The Free Exercise Clause, Section 1983 and RLUIPA Damages Actions: Certiorari Granted in Landor v. Louisiana Dept. of Corrections and Public Safety
- The Supreme Court’s 2024 Term Section 1983 Decisions
- Exhaustion Under the Prison Litigation Reform Act and the Right to a Jury: Perttu v. Richards
- The Medicaid Act, the Spending Power and Section 1983 “Laws” Actions: Medina v. Planned Parenthood South Atlantic
- Supreme Court Adopts “Totality of Circumstances” Approach in 4th Amendment Excessive Force Cases: Barnes v. Felix
- Supreme Court Gives Section 1983 Plaintiffs in Removed Pendent Claim Cases a Strategic Option: The 2025 Royal Canin Decision
- 41st Annual Section 1983 Conference: April 10-11, 2025, at Chicago-Kent College of Law
- Supreme Court Sets Out New “Prevailing Party” Rule in Lackey v. Holcomb, Attorney’s Fees Case Involving Preliminary Injunctions and Mootness
- Supreme Court in Williams v. Reed Reverses Alabama Supreme Court Narrowly on State Court Section 1983 Claims and Exhaustion of Administrative Remedies
- An Important Section 1983 Fourth Amendment Deadly Force Case: Barnes v. Felix in the Supreme Court
- An Updated Section 1983 Primer (9): Absolute Judicial Immunity
- An Updated Section 1983 Primer (8): Absolute Legislative Immunity
- Villarreal v. City of Laredo: The Supreme Court Reverses A Grant of Qualified Immunity In A First Amendment Case
- The Fifth Circuit Still Stands Alone In Refusing To Accept the State-Created Danger Theory
- Recent and Forthcoming Supreme Court Section 1983-Related Cases: Author’s Note
- Cert Granted in Williams v. Washington: State Court Section 1983 Claims and Exhaustion of Administrative Remedies
- Supreme Court Rules Homelessness Not Protected By Eighth Amendment: City of Grants Pass v. Johnson
- Supreme Court Adopts Charge-Specific Rule for Section 1983 Fourth Amendment Malicious Prosecution Claims: Chiaverini v. City of Napoleon
- The Supreme Court Rejects a Too-Narrow Nieves First Amendment Retaliation Claims Exception: Gonzalez v. Trevino
- An Updated Section 1983 Primer (7): Introduction to Absolute Individual Immunity
- Supreme Court Grants Certiorari in Attorney’s Fees/Preliminary Injunction Case: Lackey v. Holcomb
- Rule 11 Sanctions Against Attorneys for Filing A Frivolous Election Conspiracy Lawsuit and for Persisting in Making Frivolous Arguments in a Section 1983 Case
- An Updated Section 1983 Primer (6): Claim and Issue Preclusion
- An Updated Section 1983 Primer (5): Statutes of Limitation, Accrual and Tolling
- Know Your Constitution (4)(Updated): Equal Protection
- An Updated Section 1983 Primer (4): Cause in Fact and the Mt. Healthy Burden-Shift Rule
- When Public Officials Post or Block on Social Media: The Supreme Court Weighs In on State Action
- Schedule for 40th Annual Section 1983 Conference: April 18-19, 2024
- An Updated Section 1983 Primer (3): Constitutional States of Mind
- An Updated Section 1983 Primer(2): The Seminal Decision in Monroe v. Pape
- An Updated Section 1983 Primer (1): History, Purposes and Scope
- Cert Alert in Chiaverini v. City of Napoleon: Section 1983 Fourth Amendment Malicious Prosecution Claims and the “Any-Crime” Rule
- 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
- Cert Alert in City of Grants Pass v. Johnson: The Homeless, the Eighth Amendment and Section 1983
- You’re Invited to the 40th Annual Section 1983 Conference on April 18-19, 2024
- A Personal New Year’s Day Post on Free Speech and Anti-Semitism
- Variable Constitutional States of Mind and Section 1983: Recent Examples
- The Homeless, The Eighth Amendment & Judicial Limits: A Divided Ninth Circuit
- Chalking, Parking Tickets and the Fourth Amendment: The Ninth Circuit Disagrees
- Certiorari Granted in First Amendment Retaliatory Arrest Case: Gonzalez v. Trevino, No. 22-1079
- State Action, Social Media & §1983: Certiorari Granted
- Preserving Qualified Immunity On Appeal: Dupree v. Younger Glosses Ortiz v. Jordan
- Health & Hospital Corp. v. Talevski: An Important Section 1983 “Laws” Decision on the Spending Power with 10th Amendment Overtones
- Section 1983, Proximate Cause And The Ninth Circuit’s “Integral Participant” Doctrine
- 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
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