News & Analysis as of

42 U.S.C. §1983 Civil Rights Act

Epstein Becker & Green

A Preliminary Injunction Does Not a “Prevailing Party” Make, Criminal Conviction Through Knowingly False Evidence Violates Due...

Epstein Becker & Green on

The U.S. Supreme Court decided two cases yesterday, one of which, Lackey v. Stinnie, involved an action brought pursuant to 42 U. S. C. §1983 and should be of particular interest to the many readers of this blog who practice...more

Ward and Smith, P.A.

Civil Rights Claims: Bringing a Lawsuit under Section 1983

Ward and Smith, P.A. on

Know Your Civil Rights - Nobody is above the law. Law enforcement and other government work is a high calling of service. People deserve to trust the police and the government. Almost always, law enforcement officers and...more

Patton Sullivan Brodehl LLP

The Door Is Open For 5th Amendment Takings Lawsuits In Federal Court Under The Civil Rights Act

A damaged Property Owner no longer has to exhaust administrative remedies in State Court if they wish to pursue a takings claim under the Civil Rights Act. As a result, Property Owners injured by government regulatory takings...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Murphy v. Smith, No. 16-1067

On February 21, 2018, the United States Supreme Court decided Murphy v. Smith, No. 16-1067, holding that when a prisoner receives a judgment under certain civil rights statutes, the district court must apply as much of the...more

Foley & Lardner LLP

Artis v. D.C.: SCOTUS Explains How § 1367(d) Stops the Clock

Foley & Lardner LLP on

The federal supplemental jurisdiction statute, 28 U.S.C. § 1367, allows a litigant with a federal claim to bring into federal court with it any state claims that are so related to the federal claim that they “form part of the...more

Littler

Ninth Circuit Holds Section 1983 First Amendment Retaliation Claim Not Necessarily Precluded By Age Discrimination in Employment...

Littler on

On August 5, 2016, the U.S Court of Appeals for the Ninth Circuit held that the Age Discrimination in Employment Act (ADEA) does not preclude a First Amendment retaliation claim under section 1983 of the federal Civil Rights...more

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