Civil Rights Outline: 11th Amendment
Civil Rights Outline
Contents
Introduction 3
42 U.S.C. § 1983 3 Monroe v. Pape & Related Cases 3 11th Amendment 4 Exceptions to 11th Amendment State Sovereign Immunity 5 The 11th Amendment and § 1983 7
Suits Against Officers 8
Bivens 8 Rejecting or Limiting Bivens 8 Official Immunity 9 Absolute Immunity 10 Legislative Immunity 10 Judicial Immunity 10 Witness Immunity 11 Prosecutorial Immunity 11 Qualified Immunity 12 Sequence of Analysis (“The Order of Battle”) 13 Appealability of the Denial of Qualified Immunity 15 “Reasonableness” 15 Qualified Immunity Comparison with Liability Rules 17 Evolution of Qualified Immunity 17 Governmental Liability 19 Official Policy or Custom 20 Four Incoherences in § 1983 Law 22
Remedies for What Wrongs? 23
Constitutional Rights Enforceable Under § 1983 23 Reputational Harm 24 Failure to Protect from 3rd Parties 25 State of Mind in Constitutional Torts 26 Procedural Due Process Violations 27 Substantive Due Process Violations 28 Non-Constitutional Rights Enforceable under § 1983 29 § 1983 and Implied Private Rights of Action 31
Damages 32
Compensatory Damages 32 Punitive Damages 33 Punitive Damages for Municipalities 34 Attorney’s Fees 35 Identifying a Prevailing Party 36 Administrative Success 36 Nominal Damages 36 Catalyst Theory 36 Determining Fee Awards 37 Multiple Claims 38 Reasonable Rates 39 Contingent Fees 39 Administrative Proceedings 39 Risk Enhancement 39 Attorney’s Fees & Settlement Negotiations 41 Fee Waivers 41 Rule 68 41
Administration of the Civil Rights Acts: Intersections of State and Federal Law 42
§ 1983, Habeas Corpus, and Res Judicata 42
Additional Reconstruction Litigation 47
§ 1982 – Freedom of Property 48 § 1981 – Freedom to Contract 49
Structural Reform Litigation 50
Contents
Introduction 3
42 U.S.C. § 1983 3 Monroe v. Pape & Related Cases 3 11th Amendment 4 Exceptions to 11th Amendment State Sovereign Immunity 5 The 11th Amendment and § 1983 7
Suits Against Officers 8
Bivens 8 Rejecting or Limiting Bivens 8 Official Immunity 9 Absolute Immunity 10 Legislative Immunity 10 Judicial Immunity 10 Witness Immunity 11 Prosecutorial Immunity 11 Qualified Immunity 12 Sequence of Analysis (“The Order of Battle”) 13 Appealability of the Denial of Qualified Immunity 15 “Reasonableness” 15 Qualified Immunity Comparison with Liability Rules 17 Evolution of Qualified Immunity 17 Governmental Liability 19 Official Policy or Custom 20 Four Incoherences in § 1983 Law 22
Remedies for What Wrongs? 23
Constitutional Rights Enforceable Under § 1983 23 Reputational Harm 24 Failure to Protect from 3rd Parties 25 State of Mind in Constitutional Torts 26 Procedural Due Process Violations 27 Substantive Due Process Violations 28 Non-Constitutional Rights Enforceable under § 1983 29 § 1983 and Implied Private Rights of Action 31
Damages 32
Compensatory Damages 32 Punitive Damages 33 Punitive Damages for Municipalities 34 Attorney’s Fees 35 Identifying a Prevailing Party 36 Administrative Success 36 Nominal Damages 36 Catalyst Theory 36 Determining Fee Awards 37 Multiple Claims 38 Reasonable Rates 39 Contingent Fees 39 Administrative Proceedings 39 Risk Enhancement 39 Attorney’s Fees & Settlement Negotiations 41 Fee Waivers 41 Rule 68 41
Administration of the Civil Rights Acts: Intersections of State and Federal Law 42
§ 1983, Habeas Corpus, and Res Judicata 42
Additional Reconstruction Litigation 47
§ 1982 – Freedom of Property 48 § 1981 – Freedom to Contract 49
Structural Reform Litigation 50