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Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe Haddon Northcross

Duquesne Law Review

No abstract provided.

Righting Constitutional Wrongs: The Development Of A Constitutionally Implied Cause Of Action For Damages, Marilyn Sydeski

Duquesne Law Review

Until the Supreme Court's 1971 decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, the cause of action for damages in a case arising directly under the Constitution had not been explicitly recognized. The author examines the Bivens decision and charts the extension of the Bivens remedy to other constitutional violations. She concludes that although it is still not completely clear when the damages remedy may be invoked, recent decisions provide assistance to courts confronted with damages claims arising under the constitution.

Mental Retardation - Federal Statutory Right To Habilitation - State Statutory Right To Habilitation - Remedies, Julianne Hallenbeck Palmer

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that federal and Pennsylvania statutory law grants mentally retarded persons a right to habilitation in the least restrictive environment.

Halderman v. Pennhurst State School & Hospital, 612 F.2d 84 (3d Cir. 1979), cert. granted, 100 S. Ct. 2984 (1980) (No. 79-1404).