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Constitutional Torts, Over-Deterrence And Supervisory Liability After Iqbal (2010) (Symposium), Sheldon Nahmod Feb 2010

Constitutional Torts, Over-Deterrence And Supervisory Liability After Iqbal (2010) (Symposium), Sheldon Nahmod

Sheldon Nahmod

My forthcoming Article is divided into the following parts. In Part I, I survey relevant aspects of the law of § 1983 and Bivens. Painting with a broad brush and for the most part descriptively, I maintain that the Court’s concern with over-deterrence has increasingly dominated constitutional torts. In Part II, I address the relevance of that concern for supervisory liability, set out what the Court said about supervisory liability in Iqbal and very briefly summarize the pre-Iqbal circuit consensus on supervisory liability. In Part III, I delve more deeply into the nature of supervisory liability and conclude that the …


Constitutional Torts, Over-Deterrence And Supervisory Liability After Iqbal, Sheldon H. Nahmod Feb 2010

Constitutional Torts, Over-Deterrence And Supervisory Liability After Iqbal, Sheldon H. Nahmod

Sheldon Nahmod

No abstract provided.


Justice Souter On Government Speech, Sheldon Nahmod Dec 2009

Justice Souter On Government Speech, Sheldon Nahmod

Sheldon Nahmod

No abstract provided.