Constitutional Litigation Under Section 1983 - 3rd Edition - Mark Brown

Constitutional Litigation Under Section 1983 3rd Edition Mark Brown ISBN 9780769892764

Constitutional Litigation Under Section 1983 provides a thorough and authoritative analysis of the complex issues that arise in civil rights litigation alleging violations of the United States Constitution. Through a combination of cases, questions, and commentary, the book not only highlights the common challenges plaintiffs and defendants face in federal court but also addresses the unique problems associated with specific constitutional rights—such as the Fourth Amendment’s protection against unreasonable searches and seizures, the Fifth Amendment’s requirement of just compensation, and due process requirements in taxation.

Key topics include:

• The essential elements of a Section 1983 claim

• Sovereign immunity and Eleventh Amendment protections for state governments

• Liability of local governments for constitutional violations

• Remedies, including damages, declaratory judgments, and injunctive relief

• Absolute and qualified immunities for government officials

• Exhaustion of remedies before state agencies and courts

• Choice-of-law considerations

• Res judicata and collateral estoppel

• Federal abstention doctrines

• Relief against private parties

• Fee-shifting for prevailing litigants

Focusing on litigation against states, local governments, and their officials, this casebook is designed as a primary text for a two- or three-hour course. It uses the United States Constitution as a framework to teach students the policies, procedures, precedents, and practical challenges inherent in federal constitutional litigation.

The Third Edition includes updated case excerpts and discussions from:

• Connick v. Thompson

• Safford Unified School District #1 v. Redding

• Clapper v. Amnesty International

• Hollingsworth v. Perry

• United States v. Windsor

• Fox v. Vice

• Perdue v. Kenney

An appendix provides the text of relevant constitutional provisions, statutes, and procedural rules. The casebook is complemented by a comprehensive Teacher’s Manual (available exclusively to professors), making it a complete resource for both instruction and in-depth study.

Constitutional Litigation Under Section 1983 3rd Edition Mark Brown ISBN 9780769892764, 978-0769892764 & 9780769891255

Authors
Mark Brown
Kit Kinports