Constitutional Torts

What redress is available to someone whose constitutional rights have been violated? This seminar will explore substantive and procedural issues in the litigation of constitutional torts under the Civil Rights Act of 1871, 42 U.S.C. section 1983, and under the rubric of Bivens v. Six Unknown Named Federal Narcotics Agents. Topics will include:
    1. the definition of state or governmental action,
    2. liability of individuals and governmental entities,
    3. incorporation of state tort principles,
    4. state of mind requirements,
    5. immunity defenses,
    6. exhaustion requirements,
    7. abstention doctrines,
    8. the relation to enforcement of statutory and regulatory rights, and
    9. available remedies.

These and other issues will be examined in the context of cases involving violations of due process rights, the right to free speech, freedom of religion, the right to be free from unreasonable search and seizure, and the right to equal protection of the laws.

Credits: 2

Type: SEM

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes