VanDeusen on Madigan v. Levin: Supreme Court Decides Drop Consideration of Whether Section 1983 Age Claim Exists (PDF)
Select a format
Federal appellate courts have agreed that an allegation of age discrimination cannot be brought as a Section 1983 claim. In Levin v. Madigan, the Seventh Circuit held that an age claim under Section 1983 is viable. In March 2013, the Supreme Court agreed to address this issue. Eight days after hearing oral argument on the first day of its 2013-14 term, however, the Court decided that the writ was improvidently granted and dismissed the case.
Darrell VanDeusen is the president of the metropolitan Baltimore law firm Kollman & Saucier, P.A., and has represented management in all areas of labor and employment law for over 27 years. Darrell also teaches as an adjunct professor at the University of Baltimore Law School. His volume on the Family & Medical Leave Act, published by LexisNexis Matthew Bender as part of its Labor and Employment Law treatise, has been cited by federal appellate courts as authoritative on the subject.
Ask the LexisNexis experts - and get a complete answer based on today's law.
An authoritative analysis of important cases, codes, statutes, rulings, emerging issues or legal topics is available now - through LexisNexis Emerging Issues Analysis. The brain trust of LexisNexis authors - thousands of recognized authorities who develop the respected Matthew Bender®, Mealey's and Martindale-Hubbell® treatises and articles - produce this highly specific content. Each commentary covers an important case, code, statute, ruling or emerging issue such as subprime, nanotechnology, or climate change. More current and concentrated than treatises and more analytical than news, Emerging Issues Analysis bridges the information gap between the two, providing quick expert analysis of current developments in law.
Emerging Issues Analysis PDFs should be purchased individually or accessed through Lexis.com if you have a subscription.