Cases and Problems in Civil Rights Litigation: State, Federal, and International Perspectives

This book is a unique blend of theory, doctrine, context, and practice.It immerses students in the world of civil rights litigation and provides essential tools for practice in this area.• FIRST, the book situates federal civil rights litigation in a broader context by exploring sovereign immunity and state tort remedies for official misconduct.• SECOND, the book groups together the three primary forms of constitutional civil rights litigation: the Ex parte Young action, the cause of action against state actors created by 42 U.S.C. § 1983, and the Bivens action against federal officials. • THIRD, once students gain a basic understanding of these causes of action, the book carefully provides a deeper understanding of civil rights actions by focusing on common substantive claims, addressing selection of proper defendants, and guiding students through the absolute and qualified immunity defenses. • FOURTH, the last chapters of the book address two special topics: the intersection of civil rights claims with the criminal justice system (including an overview of habeas corpus law), and an introduction to the possibilities for international human rights litigation in U.S. courts. Just as important, “Cases and Problems in Civil Rights Litigation” asks students to do more than study legal doctrine. In each chapter, the book repeatedly asks students to test their understanding of the law by presenting significant fact patterns drawn from real incidents and cases. Students also have the opportunity to complete two practice exercises: a civil rights complaint, and a memorandum in support of a motion to dismiss a complaint on immunity grounds.