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Author : Powell
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (14 download)
Download or read book Harlow v. Fitzgerald written by Powell and published by . This book was released on 1982 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : 654 pages
Book Rating : 4.:/5 (54 download)
Download or read book Harlow V. Fitzgerald (1982) written by United States. Supreme Court and published by . This book was released on 1983 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (376 download)
Download or read book Harlow Et Al. V. Fitzgerald written by United States. Supreme Court and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Landmark Publications
Publisher :
ISBN 13 :
Total Pages : 548 pages
Book Rating : 4.6/5 (551 download)
Download or read book Civil Rights Suits Against Law Enforcement written by Landmark Publications and published by . This book was released on 2020-06-20 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding civil rights suits brought against law enforcement agencies. Volume 2 of the casebook covers the Sixth through the Eleventh Circuit Court of Appeals. * * * Qualified immunity shields government officials "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). It is designed to permit officials to perform their discretionary duties "without the fear of personal liability or harassing litigation." Lee v. Ferraro, 284 F.3d 1188, 1194 (11th Cir. 2002). The doctrine therefore "protect[s] from suit 'all but the plainly incompetent or one who is knowingly violating the federal law.'" Id. (quoting Willingham v. Loughnan, 261 F.3d 1178, 1187 (11th Cir. 2001), vacated 537 U.S. 801, 123 S.Ct. 68, 154 L.Ed.2d 2 (2002)). Because qualified immunity protects officials from suit as well as liability, courts must determine the validity of a claimed qualified immunity defense at the earliest possible time. Id.To deny qualified immunity at the motion to dismiss stage, we must conclude both that the allegations in the complaint, accepted as true, establish a constitutional violation and that the constitutional violation was "clearly established." Keating v. City of Miami, 598 F.3d 753, 762 (11th Cir. 2010). For these purposes, clearly established law consists of holdings of the Supreme Court, the Eleventh Circuit, or the highest court of the relevant state. See Jenkins v. Talladega City Bd. of Educ., 115 F.3d 821, 826 n.4 (11th Cir. 1997). A "public official 'must first prove that he was acting within the scope of his discretionary authority when the allegedly wrongful acts occurred'" to receive the benefit of qualified immunity. Lee, 284 F.3d at 1194 (quoting Courson v. McMillian, 939 F.2d 1479, 1487 (11th Cir. 1991)). [ . . . ] Sebastian v. Ortiz, 918 F. 3d 1301 (11th Cir. 2019)
Author : Gerald Gunther
Publisher :
ISBN 13 : 9780890935538
Total Pages : 654 pages
Book Rating : 4.9/5 (355 download)
Download or read book Landmark Briefs and Arguments of the Supreme Court of the United States written by Gerald Gunther and published by . This book was released on 1983 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gary S. Gildin
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (846 download)
Download or read book Immunizing Intentional Violations of Constitutional Rights Through Judicial Legislation written by Gary S. Gildin and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Landmark Publications
Publisher : Independently Published
ISBN 13 :
Total Pages : 542 pages
Book Rating : 4.6/5 (572 download)
Download or read book The Affirmative Defense of Qualified Immunity for Law Enforcement written by Landmark Publications and published by Independently Published. This book was released on 2020-06-29 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues raised when law enforcement officers assert the affirmative defense of qualified immunity. Volume 2 of the casebook covers the Sixth through the Eleventh Circuit Court of Appeals. * * * "The doctrine of qualified immunity protects government officials 'from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'" Pearson v. Callahan, 555 U.S. 223, 231, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)). As the Supreme Court has explained, "[q]ualified immunity balances two important interests-the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably." Id. * * * "The qualified immunity analysis entails two general steps, which can be considered in any order." Godawa v. Byrd, 798 F.3d 457, 462-63 (6th Cir. 2015) (citing Pearson, 555 U.S. at 236, 129 S.Ct. 808). "First, taken in the light most favorable to the party asserting the injury, do the facts alleged show that the officer's conduct violated a constitutional right? Second, is the right clearly established?" Seales v. City of Detroit, 724 F. App'x 356, 359 (6th Cir. 2018) (quoting Silberstein v. City of Dayton, 440 F.3d 306, 311 (6th Cir. 2006)). "To qualify as clearly established, [t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right." Kindl v. City of Berkley, 798 F.3d 391, 398 (6th Cir. 2015) (alteration in original) (internal quotation marks omitted) (quoting Brown v. Lewis, 779 F.3d 401, 412 (6th Cir. 2015))."[T]he plaintiff bears the burden of showing that an officer is not entitled to the defense of qualified immunity." Courtright v. City of Battle Creek, 839 F.3d 513, 518 (6th Cir. 2016) (citing Johnson v. Moseley, 790 F.3d 649, 653 (6th Cir. 2015)). Rafferty v. Trumbull County, Ohio, 915 F. 3d 1087 (6th Cir. 2019)
Author : Landmark Publications
Publisher :
ISBN 13 :
Total Pages : 554 pages
Book Rating : 4.6/5 (569 download)
Download or read book The Affirmative Defense of Qualified Immunity for Law Enforcement written by Landmark Publications and published by . This book was released on 2020-06-25 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues raised when law enforcement officers assert the affirmative defense of qualified immunity. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * Qualified immunity is a doctrine aimed at providing government officials (including police officers) a modicum of protection from civil damages liability for actions taken under color of state law. See Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982); McKenney v. Mangino, 873 F.3d 75, 80 (1st Cir. 2017), cert. denied, ___ U.S. ___, 138 S.Ct. 1311, 200 L.Ed.2d 475 (2018). This p.10 protection attaches "to all but the plainly incompetent or those who knowingly violate the law." Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986). Thus, a government official may invoke the defense of qualified immunity when his actions, though causing injury, did "not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Conlogue v. Hamilton, 906 F.3d 150, 154 (1st Cir. 2018) (quoting Harlow, 457 U.S. at 818, 102 S.Ct. 2727). The qualified immunity analysis has two facets: "[t]he court must determine whether the defendant violated the plaintiff's constitutional rights" and then must determine "whether the allegedly abridged right was 'clearly established' at the time of the defendant's claimed misconduct." Id. at 155 (quoting McKenney, 873 F.3d at 81). [ . . . ] [The question whether the allegedly abridged right is clearly established] has two facets. First, the plaintiff must "identify either 'controlling authority' or a 'consensus of cases of persuasive authority' sufficient to send a clear signal to a reasonable official that certain conduct falls short of the constitutional norm." Alfano v. Lynch, 847 F.3d 71, 75 (1st Cir. 2017) (quoting Wilson v. Layne, 526 U.S. 603, 617, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999) ). Second, the plaintiff must demonstrate that "an objectively reasonable official in the defendant's position would have known that his conduct violated that rule of law." Id. This latter step is designed to achieve a prophylactic purpose: it affords "some breathing room for a police officer even if he has made a mistake (albeit a reasonable one) about the lawfulness of his conduct." Conlogue, 906 F.3d at 155. Taken together, these steps normally require that, to defeat a police officer's qualified immunity defense, a plaintiff must "identify a case where an officer acting under similar circumstances was held to have violated the Fourth Amendment." City of Escondido v. Emmons, ___ U.S. ___, 139 S.Ct. 500, 504, 202 L.Ed.2d 455 (2019) (per curiam) (quoting District of Columbia v. Wesby, ___ U.S. ___, 138 S.Ct. 577, 590, 199 L.Ed.2d 453 (2018) ); see Anderson v. Creighton, 483 U.S. 635, 639-40, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987). Although such a case need not arise on identical facts, it must be sufficiently analogous to make pellucid to an objectively reasonable officer the unlawfulness of his actions. See City of Escondido, 139 S.Ct. at 504; Ashcroft v. al-Kidd, 563 U.S. 731, 741, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011). Gray v. Cummings, 917 F. 3d 1 (1st Cir. 2019)
Author : Sheldon H. Nahmod
Publisher :
ISBN 13 : 9781632815507
Total Pages : 0 pages
Book Rating : 4.8/5 (155 download)
Download or read book Constitutional Torts written by Sheldon H. Nahmod and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To view or download the 2018 Supplement to this book, click here. This casebook emphasizes important circuit court decisions together with relevant Supreme Court case law. This enables students to see how principles articulated in Supreme Court decisions are implemented by lower courts. Constitutional Torts also addresses affirmative duties, constitutional tort actions in state courts, and attorney's fees. Further, this book is organized around the statutory language of section 1983, thereby driving home the crucial distinction between prima facie cases and constitutional tort immunities and defenses. The fourth edition covers Supreme Court decisions from the past several years, including Minneci v. Pollard (chapter 1), Lane v. Franks and Plumhoff v. Rickard (chapter 3), Connick v. Thompson (chapter 5), Rehberg v. Paulk (chapter 7), Carroll v. Carman, Reichle v. Howards, Ashcroft v. Al-Kidd, Camreta v. Greene, Tolan v. Cotton, Ortiz v. Johnson and Filarsky v. Delia (chapter 8), Lefemine v. Wideman and Perdue v. Kenny A. (chapter 12). The circuit courts have been active over the past few years. We have extensively revised the notes to take account of the recent developments. This edition also welcomes Fred Smith as a coauthor. Constitutional Torts studies circuit and district court decisions as crucial to understanding the developing law of Section 1983, because (a) they show how general principles of law pronounced by the Supreme Court are actually applied; (b) the Supreme Court rarely visits some important aspects of the doctrine; and (c) in this dynamic area of the law, the lower courts are the first to identify new issues and new ways of approaching old problems. At the same time, the materials continue to emphasize the "tort" aspects of Section 1983 litigation, especially with regard to affirmative duties, causation, official immunity, and damages. These materials illuminate both the similarities and differences between constitutional torts and analogous principles developed in the common law tort setting. By studying both tort and constitutional principles, students learn how to argue for and against the application of common law tort principles to constitutional tort issues, and will come to understand both the theoretical and practical consequences of the constitutional underpinnings of the litigation. Constitutional Torts provides a thorough treatment of compensatory damages, punitive damages, injunctive relief, and attorneys' fees. These materials not only explain the basic doctrine, but explore their strategic implications on the conduct of litigation. A Teacher's Manual is available to professors. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Author : Richard Milhous Nixon
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.:/5 (319 download)
Download or read book A Conversation with the President written by Richard Milhous Nixon and published by . This book was released on 1970 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gregory C. Sisk
Publisher : ALI-ABA
ISBN 13 : 9780831808655
Total Pages : 694 pages
Book Rating : 4.8/5 (86 download)
Download or read book Litigation with the Federal Government written by Gregory C. Sisk and published by ALI-ABA. This book was released on 2006 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is designed to be a practical aid for layers dealing with federal goverment contracts and agencies.
Author :
Publisher :
ISBN 13 :
Total Pages : 1018 pages
Book Rating : 4.:/5 (327 download)
Download or read book Report of the Committee on the Judiciary, House of Representatives, Ninety-eighth Congress, First Session Identifying Court Proceedings and Actions of Vital Interest to the Congress written by and published by . This book was released on 1984 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lily Xiao Hong Lee
Publisher : Routledge
ISBN 13 : 1317477952
Total Pages : 320 pages
Book Rating : 4.3/5 (174 download)
Download or read book A Reasonable Public Servant written by Lily Xiao Hong Lee and published by Routledge. This book was released on 2015-02-04 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essential text for PA courses on Human Resource Management as well as Public Management and Law, this book illuminates the role of the reasonable public servant, who strives to perform authorized functions efficiently, yet in a manner that aligns with constitutional values embodied in the Bill of Rights. "A Reasonable Public Servant" provides a comprehensive review of Supreme Court opinions in explaining the reasonable conduct of a public servant and the development of clearly established constitutional and statutory rights that a reasonable public servant is expected to observe: property rights; procedural due process; freedom of critical speech; privacy; equal protection; and anti-discrimination laws. The author relies on the Court's opinions as the exemplar of public reason, and pays close attention to the manner in which the Court balances among competing value priorities - for example, the rights of a public servant as an employee as well as an individual citizen, and the efficiency needs of the government as an employer as well as a sovereign state. This book's detailed appendices include the U.S. Constitution, the Bill of Rights, and Title VII of the Civil Rights Act of 1964.
Author : Cato Institute
Publisher : Cato Institute
ISBN 13 : 1933995912
Total Pages : 698 pages
Book Rating : 4.9/5 (339 download)
Download or read book Cato Handbook for Policymakers written by Cato Institute and published by Cato Institute. This book was released on 2008 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers policy recommendations from Cato Institute experts on every major policy issue. Providing both in-depth analysis and concrete recommendations, the Handbook is an invaluable resource for policymakers and anyone else interested in securing liberty through limited government.
Author : Erwin Chemerinsky
Publisher : Aspen Publishing
ISBN 13 : 1543846068
Total Pages : 1968 pages
Book Rating : 4.5/5 (438 download)
Download or read book Criminal Procedure written by Erwin Chemerinsky and published by Aspen Publishing. This book was released on 2021-11-01 with total page 1968 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. Written in a student-friendly manner, the fourth edition of Criminal Procedure eschews excessive reliance on rhetorical questions and law review excerpts in favor of comprehensive exploration of black letter law and current policy issues. Authored by a pair of well-respected criminal and constitutional law scholars, Criminal Procedure utilizes a chronological approach that guides students through criminal procedure doctrine from rules governing law enforcement investigation to doctrine concerning habeas corpus relief. In addition to presenting the perspectives from various stakeholders (e.g. defense attorneys, judges, prosecutors, and victims), the authors take care to provide students with useful, practice-oriented materials, including pleadings and motions papers. Criminal Procedure not only employs a systemic approach that takes students through each step of criminal adjudication, but also introduces issues at the forefront of modern criminal procedure debates. New to the Fourth Edition: The Fourth Edition has been thoroughly updated to provide analysis of important, recent decisions in the area of Criminal Procedure, including several decisions from the Supreme Court’s most recent terms and discussion of policy issues at the forefront of criminal law. Changes in Investigations chapters: New sections on excessive police force and on damage remedies for Fourth Amendment violations New cases, including Carpenter v. United States (application of the Fourth Amendment to cellular location information); Torres v. Madrid (what is a seizure); Virginia v. Collins (automobile exception to the Fourth Amendment); United States v. Byrd (exclusionary rule case about the ability of an unauthorized driver of a rental car to challenge a police search); Kansas v. Glover (reasonable suspicion for a car stop); and additional cases (yet to be decided) Changes in Adjudication chapters: New cases, including McCoy v. Louisiana (Sixth Amendment right to counsel); Ramos v. Louisiana (trial by jury); Flowers v. Mississippi (jury composition and selection); Jones v. Mississippi (sentencing); Bucklew v. Precythe (the death penalty); and Gamble v. United States (the dual sovereignty doctrine in double jeopardy) Professors and students will benefit from: Straightforward writing style and dynamic text Clear and not cluttered with law reviews excerpts Relies on cases and author essays rather than excerpts and rhetoric questions Presents thoughtfully edited principal and note cases Intuitive organization and chronological presentation Presents topics in easy-to-understand approach from investigation to prosecution to post-conviction relief Approachable organization based on common progression through criminal justice system Systematic and cohesive presentation of topics Explores underlying policy before heading into doctrinal specifics Practice-oriented features Discussion of important, modern criminal procedure issues Useful examples for future and current criminal law practitioners
Author : Victor E. Kappeler
Publisher : Waveland Press
ISBN 13 : 1478609206
Total Pages : 429 pages
Book Rating : 4.4/5 (786 download)
Download or read book Police Civil Liability written by Victor E. Kappeler and published by Waveland Press. This book was released on 2006-02-24 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thirty-five Supreme Court cases in the second edition provide a solid, accessible foundation for understanding civil liability law and its impact on policing operations and management. This convenient resource also includes a brief review of the basics of judicial reasoning and a short introduction on how to brief cases. These materials and the discussion questions at the end of each section help readers understand the process of legal inquiry and analysis and the changing nature of police civil liability law. An excellent complement to Kappelers text Critical Issues in Police Civil Liability, Fourth Edition!
Author : Christine Tartaro
Publisher : Rowman & Littlefield
ISBN 13 : 1498558739
Total Pages : 288 pages
Book Rating : 4.4/5 (985 download)
Download or read book Suicide and Self-Harm in Prisons and Jails written by Christine Tartaro and published by Rowman & Littlefield. This book was released on 2019-05-10 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using the most recent prison and jail suicide data the second edition of Suicide and Self-Harm in Prisons and Jails explores how the stress associated with arrest, sentencing, and incarceration can contribute to the onset of a suicidal crisis even among those who never before experienced suicidal ideation or self-harmed.
