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Anti-Social Media Behavior, Free Speech and Governmental Liability II –Supreme Court Ruling in Lindke v. Freed

In my prior article, I discussed Lindke v. Freed, in which a social media user brought action under § 1983 against a city manager, alleging that the manager violated the user’s First Amendment rights by deleting his comments...more

Anti-Social Media Behavior, Free Speech and Governmental Liability: I – Lindke v. Freed

In April 2023, the U.S. Supreme Court granted certiorari to a pair of cases dealing with the intersection of free speech, social media, and governmental liability.  Both cases deal with § 1983 actions against governmental...more

School District Liability under Title IX – Part 2 Davis v. Monroe County Bd. of Educ.

As was mentioned previously, the purpose of this series of articles is to provide an overview regarding the scope of Title IX liability for school districts and the potential damages they face, which continues to evolve...more

School District Liability under Title IX – Part I: Gebser v. Lago Vista

An interesting aspect of municipal law, recently discussed at this year’s DRI Civil Rights and Governmental Tort Liability Seminar, concerns school district liability pursuant to Title IX of the Education Amendments of 1972. ...more

U.S. Supreme Court Holds that a Violation of an Individual’s Miranda Rights Does Not Provide a Basis for a § 1983 Claim.

In a recent opinion, the U.S. Supreme Court reversed a decision by the Ninth Circuit Court of Appeals in which held that the “use of an un-Mirandized statement against a defendant in a criminal proceeding violates the Fifth...more

U.S. Supreme Court Holds Prison Officials Are Not Entitled to Qualified Immunity After Housing Inmate in Unconstitutional...

In a recent opinion, the U.S. Supreme Court vacated a decision by the Fifth Circuit Court of Appeals granting correctional officers qualified immunity on the basis that the doctrine shields an officer from suit when he or she...more

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