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Comments On Rooker-Feldman Or Let State Law Be Our Guide, Jack M. Beermann
Comments On Rooker-Feldman Or Let State Law Be Our Guide, Jack M. Beermann
Faculty Scholarship
I feel privileged to have been asked to be a commentator on the three principal papers in this symposium. These are three excellent papers, and although there has been some valuable commentary on the Rooker-Feldman doctrine, there will be no need to go beyond these papers to gain a full appreciation of the doctrine, its applications, and its problems, which run as deep as the problems of any doctrine.
Municipal Responsibility For Constitutional Torts, Jack M. Beermann
Municipal Responsibility For Constitutional Torts, Jack M. Beermann
Faculty Scholarship
The fundamental principle in the law of municipal liability under ยง 1983 is that municipalities may be held liable only for their own conduct, not for the conduct of municipal employees. Stated somewhat differently, municipalities may not be held vicariously liable for the conduct of municipal employees but rather can be held liable only when municipal policy is the moving force behind the violation. While this principle is simple to state, it has proven difficult to apply.