Constitutional Litigation

A study of the various remedies citizens have against state and local governments and their agents for violation of rights secured by federal law. The course will concentrate on litigation under the "constitutional tort" statute, 42 USC 1983, with coverage of such issues as municipal and supervisory liability, the official immunity doctrines, the use of USC 1983 to vindicate federal statutory rights, recovery of attorney's fees, and various procedural issues that arise in the administration of the statute, like exhaustion, abstention, and preclusion. Additional topics that may be covered as well, depending on time and student interest, include: (1) the federal habeas statute; and (2) the civil rights conspiracy statute, 42 USC 1985(3).