Pleading Civil Rights Claims
Jeffrey A. Parness
Northern Illinois University - College of Law
January 27, 2009
Illinois Bar Journal, Vol. 97, p. 156, 2009
Significant pleading challenges confront civil rights claimants in both federal and state courts. Issues include the choice of an appropriate forum; the sufficiency of the allegations; and, the requirements of culpability. Possible fora include not only federal or state general jurisdiction trial courts, but also state human rights commissions, and possibly state worker's compensation panels. Sufficiency may be guided by notice, Twombley or code pleading standards. Culpability assessments may vary between challenged legislative or executive actions. Two recent cases, one federal and one state, are used to illustrate the difficulties facing those pursuing due process or equality claims.
Number of Pages in PDF File: 3
Keywords: pleading, civil rights, equality, due process
Date posted: January 28, 2009 ; Last revised: March 9, 2009
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