Constitutional Torts
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Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing customer.support@lexisnexis.com; or returning the invoice marked 'CANCEL'.
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
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This casebook emphasizes important circuit court decisions together with relevant Supreme Court case law. This enables students to see how principles articulated in Supreme Court decisions are implemented by lower courts. Constitutional Torts also addresses affirmative duties, constitutional tort actions in state courts, and attorney's fees. Further, this book is organized around the statutory language of section 1983, thereby driving home the crucial distinction between prima facie cases and constitutional tort immunities and defenses.
The Fourth Edition covers Supreme Court decisions from the past several years, including Minneci v. Pollard (chapter 1), Lane v. Franks and Plumhoff v. Rickard (chapter 3), Connick v. Thompson (chapter 5), Rehberg v. Paulk (chapter 7), Carroll v. Carman, Reichle v. Howards, Ashcroft v. Al-Kidd, Camreta v. Greene, Tolan v. Cotton, Ortiz v. Johnson and Filarsky v. Delia (chapter 8), Lefemine v. Wideman and Perdue v. Kenny A. (chapter 12). The circuit courts have been active over the past few years. We have extensively revised the notes to take account of the recent developments. This edition also welcomes Fred Smith as a coauthor.
Constitutional Torts studies circuit and district court decisions as crucial to understanding the developing law of 1983, because (a) they show how general principles of law pronounced by the Supreme Court are actually applied; (b) the Supreme Court rarely visits some important aspects of the doctrine; and (c) in this dynamic area of the law, the lower courts are the first to identify new issues and new ways of approaching old problems.
At the same time, the materials continue to emphasize the "tort" aspects of 1983 litigation, especially with regard to affirmative duties, causation, official immunity, and damages. These materials illuminate both the similarities and differences between constitutional torts and analogous principles developed in the common law tort setting. By studying both tort and constitutional principles, students learn how to argue for and against the application of common law tort principles to constitutional tort issues, and will come to understand both the theoretical and practical consequences of the constitutional underpinnings of the litigation.
Constitutional Torts provides a thorough treatment of compensatory damages, punitive damages, injunctive relief, and attorneys' fees. These materials not only explain the basic doctrine, but explore their strategic implications on the conduct of litigation.
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Table of contents
Chapter 1 CONSTITUTIONAL TORTS: A FIRST LOOK
Chapter 2 "UNDER COLOR OF" STATE LAW
Chapter 3 "SECURED BY THE CONSTITUTION AND LAWS"
Chapter 4 "SECURED BY THE CONSTITUTION AND LAWS" AFFIRMATIVE CONSTITUTIONAL DUTIES AND RIGHTS SECURED BY FEDERAL LAWS
Chapter 5 "EVERY PERSON": GOVERNMENTAL LIABILITY
Chapter 6 "[S]UBJECTS OR CAUSES: TO BE SUBJECTED . . .": CAUSATION
Chapter 7 "EVERY PERSON": ABSOLUTE IMMUNITY
Chapter 8 "EVERY PERSON": QUALIFIED IMMUNITY
Chapter 9 "SHALL BE LIABLE TO THE PARTY INJURED IN AN ACTION AT LAW, SUIT IN EQUITY OR OTHER PROPER PROCEEDING FOR REDRESS": CONSTITUTIONAL TORT REMEDIES
Chapter 10 PROCEDURAL DEFENSES
Chapter 11 LITIGATING SECTION 1983 CLAIMS IN STATE COURTS
Chapter 12 ATTORNEY'S FEES
Table of Cases
Index