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Full-Text Articles in Criminal Law
The Unqualified Mess Of Qualified Immunity; A Doctrine Worth Overruling, Allison Weiss
The Unqualified Mess Of Qualified Immunity; A Doctrine Worth Overruling, Allison Weiss
Washington and Lee Law Review Online
This comment is a response to Ryan E. Johnson, Note, Supervisors Without Supervision: Colon, McKenna, and the Confusing State of Supervisory Liability in the Second Circuit, 77 Wash. & Lee L. Rev. 457 (2020), which received the 2019 Washington and Lee Law Council Law Review Award.
In his note, Ryan Johnson drills down on the various ways that courts within the Second Circuit are approaching the viability of § 1983 lawsuits by incarcerated individuals against supervisors within correctional facilities. But how important is supervisory liability in the first place? Qualified immunity allows courts, as Mr. Johnson puts …
Collateral Consequences Of Pretrial Diversion Programs Under The Heck Doctrine, Bonnie Gill
Collateral Consequences Of Pretrial Diversion Programs Under The Heck Doctrine, Bonnie Gill
Washington and Lee Law Review
Following the Introduction, Part II of this Note gives an overview of federal and state pretrial diversion programs. Part III explores the statutory and doctrinal background of 42 U.S.C. § 1983, including its interaction with another civil rights statute, 28 U.S.C. § 2254, the federal habeas statute. Both statutes are essential to understanding the Heck v. Humphrey doctrine’s purpose and application to pretrial diversion participants. Part III also explores the development and interpretation of the Heck doctrine in four Supreme Court cases. Part IV discusses the circuit split as it currently stands. Part V presents three proposals for resolving the …