Section 1983 Litigation

Section 1983 Litigation PDF

Author: Schwartz

Publisher: Wolters Kluwer

Published: 1997-01-01

Total Pages: 6176

ISBN-13: 0471117617

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In this invaluable three-volume set, you'll get an analysis of every aspect of the statute from the plaintiffs' and defendants' side of the courtroom - from direction on potential to considerations about choice of forum. This reference also gives you citations to state and district court decisions and circuit-by-circuit breakdowns of leading decisions. Plus, you'll explore constitutional rights enforceable under Section 1983, every facet of municipal liability and qualified immunity, bifurcating claims against officers and municipalities, and more. Martin A. Schwartz, an expert of Section 1983 actions, goes a step further and provides positions on open issues. Also available as part of the Section 1983 Litigation Complete Six-Volume Set.

Municipal Liability

Municipal Liability PDF

Author: Fontana

Publisher: Aspen Publishers Online

Published: 2006-11-13

Total Pages: 3248

ISBN-13: 0735565201

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Now in a new two-volume Third Edition, Municipal Liability: Law and Practice provides insightful analysis of the civil rights statutesand—such as Sections 1981, 1982, and 1983and—and the essential Supreme Court cases, plus fully up-to-date explanations on how the courts are expanding or limiting plaintiffsand’ rights against municipalities and their public officials. It gives you clear and thorough discussions on how to establish causes of action and assert defenses, who carries the burden of proof, procedural concerns, the particular factors that different courts look for to determine liability, attorneysand’ fees, damages and much more. Potential civil rights violations by municipalities covered in this two volume resource include: E-Mail in the Workplace Fully grasp the balance between employee privacy rights and employer surveillance rights. The Electronic Communications Privacy Act (ECPA), The Wiretap Act, and The Stored Communications Act are all examined. Sample access and disclosure forms are included. Employment Discrimination Youand’ll find out how to bring an actionand—and defend against oneand— for claims under Title VII (including a detailed discussion of sexual harassment claims); The Civil Rights Act of 1991; the Age Discrimination in Employment Act (ADEA); and the Americans with Disabilities Act (ADA). Plus, several state anti-discrimination laws are discussed to illustrate new developments you need to know. First Amendment Issues Topics include about the impact on First Amendment issues involving freedom of speech, limitations on use of public property, freedom of religion, restrictions on the advertising of alcohol and cigarettes on public ways; and more. Municipal Zoning Topics include establishments that provide adult education; video arcades; the use of building moratoria to slow down development; and liability arising out of the failure to issue a building permit or properly inspect a facility before issuing a certificate of occupancy. Police Misconduct Topics include liability for police officers, supervisors and municipalities; how to show illegal searches, excessive use of force and other violations;malicious prosecution, prisonersand’ rights and freedoms; exhausting state remedies; and more.

Statutory Attorney's Fees 1983

Statutory Attorney's Fees 1983 PDF

Author: John E. Kirklin

Publisher: Wolters Kluwer

Published: 1999-08-01

Total Pages: 664

ISBN-13: 073551187X

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This volume examines the attorney's fees stage of a Section 1983 case. Attorney's fees are of immense practical importance to litigants and attorneys involved in state or federal litigation, especially concerning claims in which congressional fee-shifting statutory provisions apply. Since you could win or lose considerably more for your client in the attorney's fee stage of the case than in the underlying case, you'll need this guide to stay on top of the latest developments on attorney's fees, and to argue your positions more effectively. This volume shows you everything on seeking or opposing attorney's fees under Section 1983 . You can easily use the information to evaluate statutory fee issues arising in other similar federal fee-shifting statutes. Also available as part of the Section 1983 Litigation Complete Six-Volume Set .