New Issues Arising Under Section 1983
16 Pages Posted: 9 May 2014
Date Written: 2002
On the occasion of the Practising Law Institute’s 17th Annual Section 1983 Civil Rights Litigation Program, Martin Schwartz explained that the program had been held for so many years partly because the United States Supreme Court has rendered a truly extraordinary number of decisions dealing with so many facets of Section 1983 litigation. The Supreme Court decisional law itself is very extensive, but there always seems to be a new issue waiting in the wings. Hence, the theme for this discussion in this Article is that there is always a new issue.
In the excerpts from the Program set forth in this Article, the author addresses the new issues dealing with Section 1983 that arose in the decisions rendered by the United States Supreme Court in the 2001 Term, including issues such as state action, attorneys' fees awards, procedural due process, prisoners' rights, and the application of qualified immunity in excessive force cases.
Keywords: Section 1983 litigation, U.S. Supreme Court, state action, attorneys' fees awards, procedural due process, prisoners' rights, qualified immunity
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