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http://ssrn.com/abstract=2118009
 
 

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The Long and Winding Road from Monroe to Connick


Sheldon H. Nahmod


Illinois Institute of Technology - Chicago-Kent College of Law

July 26, 2012

Loyola Public Interest Law Journal, Vol. 13, p. 427, 2012
Chicago-Kent College of Law Research Paper No. 2012-05

Abstract:     
In this article, I address the historical and doctrinal development of § 1983 local government liability, beginning with Monroe v. Pape in 1961 and culminating in the Supreme Court’s controversial 2011 failure to train decision in Connick v. Thompson. Connick has made it exceptionally difficult for § 1983 plaintiffs to prevail against local governments in failure to train cases. In the course of my analysis, I also consider the oral argument and opinions in Connick as well as various aspects of § 1983 doctrine. I ultimately situate Connick in the Court’s federalism jurisprudence which doubles back to Justice Frankfurter’s view of federalism as set out in in his dissent in Monroe.

Number of Pages in PDF File: 21

Keywords: Constitution, constitutional law, federalism, civil rights, legal history, Supreme Court

JEL Classification: K10

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Date posted: July 26, 2012 ; Last revised: October 8, 2012

Suggested Citation

Nahmod, Sheldon H., The Long and Winding Road from Monroe to Connick (July 26, 2012). Loyola Public Interest Law Journal, Vol. 13, p. 427, 2012; Chicago-Kent College of Law Research Paper No. 2012-05. Available at SSRN: http://ssrn.com/abstract=2118009

Contact Information

Sheldon H. Nahmod (Contact Author)
Illinois Institute of Technology - Chicago-Kent College of Law ( email )
565 W. Adams St.
Chicago, IL 60661-3691
United States
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