News & Analysis as of

42 U.S.C. §1983 Appeals

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides McDonough v. Smith

On June 20, 2019, the United States Supreme Court decided McDonough v. Smith, No. 18-485, holding that the statute of limitations for a fabricated-evidence claim under 42 U.S.C. §1983 begins to run when the criminal...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Lozman v. City of Riviera Beach, Florida

On June 18, 2018, the Supreme Court decided Lozman v. City of Riviera Beach, No. 17-21, holding in a 8-1 decision that the petitioner need not prove the absence of probable cause to maintain a § 1983 claim of retaliatory...more

Robinson+Cole RLUIPA Defense

Floating Home Owner Scores Second Supreme Court Victory Against Riviera Beach, FL

Yesterday, the Supreme Court issued an important decision in Lozman v. City of Riviera Beach, Florida, 585 U.S. ___ (2018). The case does not involve land use or even free exercise of religion. ...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Murphy v. Smith, No. 16-1067

On February 21, 2018, the United States Supreme Court decided Murphy v. Smith, No. 16-1067, holding that when a prisoner receives a judgment under certain civil rights statutes, the district court must apply as much of the...more

Holland & Knight LLP

Private Hospital Collaborating with State College Not “State Actor” for Section 1983 Purposes When Dismissing Trainee

Holland & Knight LLP on

Private hospitals commonly associate with public entities in running a variety of programs. These collaborations raise the question in civil rights litigation of whether and when the private hospital is a state actor. Under...more

Manatt, Phelps & Phillips, LLP

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

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