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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 : 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 : 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 : 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 : 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 : 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 : 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 : 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 : 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.
Download or read book Zipes V. Trans World Airlines, Inc written by and published by . This book was released on 1982 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jeffrey Axelrad
Publisher :
ISBN 13 :
Total Pages : 206 pages
Book Rating : 4.F/5 ( download)
Download or read book Discretionary Function written by Jeffrey Axelrad and published by . This book was released on 1989 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles J. Russo
Publisher : SAGE
ISBN 13 : 1412940796
Total Pages : 1073 pages
Book Rating : 4.4/5 (129 download)
Download or read book Encyclopedia of Education Law written by Charles J. Russo and published by SAGE. This book was released on 2008-06-27 with total page 1073 pages. Available in PDF, EPUB and Kindle. Book excerpt: This encyclopedia is a covers the essential and core areas of the subject including cases, governance, technology and biography.
Author : United States. Congress. House. Committee on Rules
Publisher :
ISBN 13 :
Total Pages : 1248 pages
Book Rating : 4.3/5 (121 download)
Download or read book Legislative Veto After Chadha written by United States. Congress. House. Committee on Rules and published by . This book was released on 1984 with total page 1248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Del Dickson
Publisher : Oxford University Press
ISBN 13 : 0195126327
Total Pages : 1035 pages
Book Rating : 4.1/5 (951 download)
Download or read book The Supreme Court in Conference (1940-1985) written by Del Dickson and published by Oxford University Press. This book was released on 2001-07-12 with total page 1035 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court in Conference offers a fascinating and unprecedented look at the private debates between Justices on nearly 300 landmark cases from 1940-1985. Major decisions such as Roe v. Wade and Brown v. Board of Education are covered and the notes of Justices Felix Frankfurter, William O. Douglas, Frank Murphy, Robert Jackson, Harold Burton, Tom Clark, Earl Warren and William Brennan are opened to shed light on what goes on behind the closed doors of the secretive conference room.In this unique and revealing work on some of the most profound rulings made at a turbulent time in American history, the reader is given insight into how and why certain decisions were reached. With expert editing by Del Dickson--who provides annotations and an introduction to each case, placing them in legal and historical context--cases on issues such as free speech, the rights of the accused, religion, Presidential power, equal protection, affirmative action and the death penalty are discussed. Dickson also includes a lively and incisive history of the Supreme Court, from its beginning to the present, illuminating how the conference works, how it has evolved, its various animosities, triumphant successes and glaring failures.As the first major reference work on this subject, this easy-to-use book offers the most reliable evidence available on the internal workings of the Supreme Court. It is the ideal source for scholars, law students, historians and anyone interested in how Supreme Court decisions are truly made.
Author : David Rudenstine
Publisher : Oxford University Press
ISBN 13 : 0199381488
Total Pages : 345 pages
Book Rating : 4.1/5 (993 download)
Download or read book The Age of Deference written by David Rudenstine and published by Oxford University Press. This book was released on 2016 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II.
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution
Publisher :
ISBN 13 :
Total Pages : 256 pages
Book Rating : 4.0/5 ( download)
Download or read book Constitutional Amendment to Restore Legislative Veto written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1985 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : David H. Rosenbloom
Publisher : CRC Press
ISBN 13 : 1439803994
Total Pages : 343 pages
Book Rating : 4.4/5 (398 download)
Download or read book Public Administration and Law written by David H. Rosenbloom and published by CRC Press. This book was released on 2010-06-23 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition of Public Administration and Law was published in 1983, it has retained its unique status of being the only book in the field of public administration that analyzes how constitutional law regulates and informs the way administrators interact with each other and the public. Examining First, Fourth, Fifth, Eighth, and Fourteenth Amendment rights as they pertain to these encounters, it explains how public administrators must do their jobs and how administrative systems must operate in order to comply with constitutional law. Explores the conflicts between laws The book begins by presenting a historical account of the way constitutional and administrative law have incrementally "retrofitted" public agencies into the nation’s constitutional design. It examines the federal judiciary’s impact on federal administration and the effect of the nation’s myriad environmental laws on public administration. Next, it focuses on the role of the individual as a client and customer of public agencies. In a discussion of the Fourth Amendment, it examines street-level encounters between citizens and law enforcement agents. Responding to the rise of the new public management (NPM), it also adds, for the first time in this edition, a chapter that analyzes the rights of the individual not only as a government employee but also as a government contractor. Enhanced with numerous references The final chapters of the book address issues concerning the rights of inmates in administrative institutions and balancing the need to protect individual rights with the ability of agencies to function effectively. Supplemented with case citations and lists of articles, books, and documents, this text is designed to facilitate further study in a constantly evolving area. About the Authors: David H. Rosenbloom, Ph.D. is Distinguished Professor of Public Administration in the School of Public Affairs at American University in Washington, D.C., and Chair Professor of Public Management at City University of Hong Kong. Rosemary O’Leary, Ph.D., J.D. is Distinguished Professor of Public Administration and the Howard G. and S. Louise Phanstiel Chair in Strategic Management and Leadership at Syracuse University. Joshua M. Chanin, M.P.A., J.D. is a Ph.D. candidate in Public Administration and Justice, Law, and Society in the School of Public Affairs at American University in Washington, D.C.
