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Sword and Shield by Mary Massaron Ross,Josephine A. DeLorenzo Pdf
"This fifth edition of Sword & Shield: A Practical Approach to Section 1983 Litigation is substantially reorganized to provide practitioners with easier access to the information they need as they are handling civil rights claims"--
In this invaluable three-volume set, you'll get an analysis of every aspect of the statute from the plaintiffs' and defendants' side of the courtroom - from direction on potential to considerations about choice of forum. This reference also gives you citations to state and district court decisions and circuit-by-circuit breakdowns of leading decisions. Plus, you'll explore constitutional rights enforceable under Section 1983, every facet of municipal liability and qualified immunity, bifurcating claims against officers and municipalities, and more. Martin A. Schwartz, an expert of Section 1983 actions, goes a step further and provides positions on open issues. Also available as part of the Section 1983 Litigation Complete Six-Volume Set.
Section 1983 Litigation (Civil Rights Actions) by Federal Judicial Federal Judicial Center,Karen M. Karen M. Blum,Kathryn R. Urbonya Pdf
What is Section 1983? "Section 1983" refers to 42 U.S.C. 1983, the federal statute that enables you to file a civil action for deprivation of constitutional and federal statutory rights by persons acting under "color of law." Originally enacted in 1871, Section 1983 litigation experienced a period of dormancy, until 1961 and the landmark Supreme Court case, Monroe v. Pape, 365 U.S. 167 (1961), which gave private litigants a federal court remedy as a first resort rather than only in default of (or after) state action. Today, Section 1983 actions most commonly involve 1st Amendment issues like freedom of speech; 4th Amendment issues like search and seizure or use of force; 8th Amendment issues like cruel and unusual punishment; and 14th Amendment claims of due process violations."
SECTION 1983 LITIGATION by Federal Judicial Center,Karen M. Blum,Kathryn R. Urbonya Pdf
This monograph analyzes the fundamental issues that arise in litigation under 42 U.S.C. 1983, the statute for redressing constitutional and federal statutory violations, and the case law interpreting those issues. Research for this first edition concluded with the 1997-1998 Supreme Court term. For a more in-depth treatment of 1983 lawsuits, one should consult two leading treatises: Section 1983 Litigation (3d ed. 1997), by Martin A. Schwartz and John E. Kirklin, and Civil Rights and Civil Liberties Litigation (4th ed. 1998), by Sheldon H. Nahmod. We would like to thank Judge Rya W. Zobel, director of the Federal Judicial Center, Judge Thomas F. Hogan (District of the District of Columbia), Judge Virginia M. Morgan (Eastern District of Michigan), and Magistrate Judge Jacob Hagopian (District of Rhode Island) for reviewing drafts of this manuscript. We also deeply appreciate the excellent editorial support from Kris Markarian of the FJC."
Author : Martin A. Schwartz,John E. Kirklin Publisher : John Wiley & Sons Page : 840 pages File Size : 48,5 Mb Release : 1986 Category : Actions and defenses ISBN : STANFORD:36105060901670
Section 1983 Litigation by Martin A. Schwartz,John E. Kirklin Pdf
This work provides a comprehensive source of information on the current law concerning both Section 1983 and Section 1988 litigation. It is geared to lawyers on both sides of the case. Both substantive civil rights law and attorney's fees are treated in this book. Some of the topics discussed include: federal court jurisdiction, the Eleventh Amendment, common law immunities, and many others.
