Constitutional Litigation Under Section 1983
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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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Constitutional Litigation Under § 1983 exhaustively analyzes the varied problems that arise in civil rights suits alleging violations of the United States Constitution. The cases, questions, and commentary not only survey the stumbling blocks plaintiffs and defendants are likely to encounter in this type of federal litigation, but also address peculiar problems that tend to arise with specific constitutional rights - such as the Fourth Amendment's proscription on unreasonable searches and seizures, the Fifth Amendment's requirement of just compensation, and the Due Process Clause's requirements for properly extracting taxes. Topics include:
• The elements of a § 1983 claim;
• Sovereign immunity and the Eleventh Amendment's protection of state governments;
• Local government liability for constitutional wrongs;
• The availability of damages, declaratory judgments, and injunctive relief;
• Absolute and qualified immunities for governmental officials;
• Exhaustion of remedies before state agencies and courts;
• Choice of law issues;
• Res judicata and collateral estoppel;
• Federal abstention doctrines;
• The availability of relief against private persons; and
• The availability of fee-shifting for successful litigants.
This book focuses on the particular problems that arise in litigation against states, local governments, and their agents under the United States Constitution. Constitutional Litigation Under § 1983 is constructed to serve as the principal reading for a two- or three-hour course. The book uses the United States Constitution as a tool to convey to the student a succinct understanding of the policies, procedures, problems, and precedents that surround federal litigation with the government.
The Third Edition includes the following case excerpts and related discussions:
• Connick v. Thompson
• Safford Unified School District #1 v. Redding
• Clapper v. Amnesty International
• Hollingsworth v. Perry
• US v. Windsor
• Fox v. Vice
• Perdue v. Kenney
The Appendix to Constitutional Litigation Under § 1983 includes the text of relevant provisions in the United States Constitution, together with the text of pertinent statutes and procedural rules. Constitutional Litigation Under § 1983 is also accompanied by a comprehensive Teacher's Manual (available only to professors).
Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.
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Table of contents
TABLE OF CONTENTS
Chapter 1 OFFICIAL LIABILITY FOR CONSTITUTIONAL
WRONGS
Chapter 2 OFFICIAL IMMUNITIES
Chapter 3 SOVEREIGN IMMUNITY
Chapter 4 LOCAL LIABILITY
Chapter 5 THE RELATIONSHIP BETWEEN STATE AND FEDERAL
LAW IN SECTION 1983 LITIGATION
Chapter 6 REMEDIES UNDER § 1983
Chapter 7 FEDERAL ABSTENTION IN FAVOR OF STATE
PROCEEDINGS
Chapter 8 PRIOR AND PARALLEL STATE PROCEEDINGS
Chapter 9 ATTORNEY’S FEES