The Long and Winding Road from Monroe to Connick

Loyola Public Interest Law Journal, Vol. 13, p. 427, 2012

Chicago-Kent College of Law Research Paper No. 2012-05

21 Pages Posted: 26 Jul 2012 Last revised: 8 Oct 2012

Sheldon H. Nahmod

Chicago-Kent College of Law - Illinois Institute of Technology

Date Written: July 26, 2012

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.

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

JEL Classification: K10

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: https://ssrn.com/abstract=2118009

Sheldon H. Nahmod (Contact Author)

Chicago-Kent College of Law - Illinois Institute of Technology ( email )

565 W. Adams St.
Chicago, IL 60661-3691
United States

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