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.

Section 1983 Litigation

If you need the short answer to aSection 1983question, and you can't afford to waste time running down the wrong research path, turn to theHandbook of Section 1983 Litigation, 2010 Edition. This essential guide is designed as the practitioner's desk book. It provides quick and concise answers to issues that frequently arise inSection 1983cases, from police misconduct to affirmative actions to gender and race discrimination. It is organized to help you quickly find the specific information you need whether you're counsel for the plaintiff or defendant. You will find a clear, concise statement of the law governing every aspect of aSection 1983claim, extensive citation to legal authority, every major Supreme Court ruling onSection 1983, as well as key opinions in every circuit, and a detailed overview of case law.TheHandbook of Section 1983 Litigation, 2010 Editionis written by David Lee, a practicing expert with 20 years of litigation experience. He has lectured on civil rights topics before thousands of litigators during his career, and argued four cases before the United States Supreme Court, as well as numerous cases before the Tenth Circuit Court of Appeals. This new updated2010 Editionfeatures coverage of recent importantSection 1983U.S. Supreme Court cases including:Fitzgerald v. Barnstable School CommitteeBaze v. ReesCrawford v. Marion County Election BoardPearson v. CallahanRothgery v. Gillespie CountyEngquist v. Oregon Department of AgricultureLocke v. KarassVan de Kamp v. GoldsteinThis is the one reference to keep at your fingertips at a hearing, trial, or deposition when dealing withSection 1983cases.

What is Section 1983? "Section 1983" refers to 42 U.S.C. 1983, the federal statute that enables you to file a civil action for deprivation of constitutional and federal statutory rights by persons acting under "color of law." Originally enacted in 1871, Section 1983 litigation experienced a period of dormancy, until 1961 and the landmark Supreme Court case, Monroe v. Pape, 365 U.S. 167 (1961), which gave private litigants a federal court remedy as a first resort rather than only in default of (or after) state action. Today, Section 1983 actions most commonly involve 1st Amendment issues like freedom of speech; 4th Amendment issues like search and seizure or use of force; 8th Amendment issues like cruel and unusual punishment; and 14th Amendment claims of due process violations."