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Full-Text Articles in Law

Making Out The Monell Claim Under Section 1983, Karen M. Blum Dec 2012

Making Out The Monell Claim Under Section 1983, Karen M. Blum

Touro Law Review

No abstract provided.


Section 1983 Litigation: Post-Pearson And Post-Iqbal, Karen M. Blum Sep 2012

Section 1983 Litigation: Post-Pearson And Post-Iqbal, Karen M. Blum

Touro Law Review

The Supreme Court's decision in Pearson v. Callahan marked a significant change in the structure of the analysis to be performedin the adjudication of the qualified immunity defense in§ 1983 litigation. Prior to Pearson, the Court required a mandatory two-step approach for the qualified immunity analysis. Whenever qualified immunity was raised in response to an alleged constitutional violation, the lower courts were instructed that the disposition of the qualified immunity issue required the court to first address the merits question. Under Saucier v. Katz, the courts were required first to decide whether the complaint stated a violation of a constitutional …