Section 1983 Cases in the October 2004 Term
24 Pages Posted: 30 Apr 2014
Date Written: 2006
Section 1983 authorizes the enforcement of a very broad array of federal constitutional rights against state and local officials and against local government. These federal rights run the range from prisoners’ rights to property rights cases, and everything in between. In the October 2004 Term, the Supreme Court decided three § 1983 cases involving the rights of prisoners and three cases involving the property rights of landowners. In addition, the Court decided three cases that dealt with Fourth Amendment rights under § 1983, and one that involved the enforcement of federal statutes under § 1983. These cases are reviewed and analyzed by the author in this Article, with commentary from Erwin Chemerinsky.
Keywords: U.S. Supreme Court, § 1983 litigation, federal constitutional rights, prisoners' rights, property rights, Fourth Amendment rights, §1983 enforcement of federal statutory rights
Suggested Citation: Suggested Citation