News & Analysis as of

Section 1983

Beware of Potential Punitive Damages Associated with Section 1983 Actions

by SmithAmundsen LLC on

Under Title 42 § 1983 of the U.S. Code, liability is imposed upon individuals and entities that act “under color of law.” Based on the Fourth Amendment, people have the right to be secure against unreasonable searches and...more

The Supreme Court - December, 2016

by Dorsey & Whitney LLP on

The Supreme Court of the United States granted certiorari in seven cases on Friday afternoon: Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189: 1) Whether a "conditional sale" that transfers title to...more

Ninth Circuit Holds Section 1983 First Amendment Retaliation Claim Not Necessarily Precluded By Age Discrimination in Employment...

by Littler on

On August 5, 2016, the U.S Court of Appeals for the Ninth Circuit held that the Age Discrimination in Employment Act (ADEA) does not preclude a First Amendment retaliation claim under section 1983 of the federal Civil Rights...more

Landmark Discrimination Case: Fair Housing Act Thwarts NIMBYs - Avenue 6E Investments, LLC v. City of Yuma (March 25, 2016)

Why It Matters: The Ninth Circuit Court of Appeals reversed a decision in favor of the City of Yuma, Arizona, and concluded instead that there was sufficient evidence to present to a jury that the City had rejected the...more

If At First You Don’t Succeed, Plead, Plead Again…

by Seyfarth Shaw LLP on

In Wynn, et al. v. The New York City Housing Authority 14 Civ. 2818 (S.D.N.Y. July 29, 2015), several employees (who were either African-American or Hispanic) alleged that their employer, the New York City Housing Authority...more

BB&K Police Bulletin: Arresting Armed, Mentally Ill Suspects

by Best Best & Krieger LLP on

Officers May Have Immunity from Liability, Supreme Court Says - Overview: The United States Supreme Court found that two police officers were immune from liability under 42 U.S.C. section 1983 even if the officers failed...more

Albuquerque Police in the Crosshairs of Federal Oversight

by Wilson Elser on

Among other topics, this blog will focus on cases and liability under 42 U.S.C. §1983. Section 1983 is a notably short statute – it covers less than a single page in the United States Code – yet is responsible for a very...more

District Court rejects supervisor liability for state employee’s motor vehicle record data breach

by BakerHostetler on

In a recent decision, the Federal District Court of Minnesota found that state agencies were not liable in a data breach class action suit involving a rogue employee’s unauthorized viewing of personal information in drivers...more

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Cybersecurity

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