Sheldon Nahmod

Constitutional Damages and Corrective Justice: A Different View

SECTION 19831 is a federal statute which creates a fourteenth amendment action for damages against state and local government officials and local governments themselves.2 Over the years, its scope and coverage have increased dramatically, due in large measure to its broad language and to changes in fourteenth amendment doctrines relating to state action and incorporation.3 These developments have generated a great deal of controversy and have led to increased judicial reluctance to continue in this direction.4 Such reluctance can be seen in recent Supreme Court caselaw either refusing to expand, or

Amicus in Manuel V. City of Joliet, No. 14-9496: Section 1983 'Malicious Prosecution'

Over twenty years ago, the Supreme Court in Albright v. Oliver acknowledged “an embarrassing diversity of judicial opinion” on “the extent to which a claim of malicious prosecution is actionable under § 1983.” This embarrassment continues, seriously impeding the vindication of the Fourteenth Amendment and other constitutional rights. In Manuel v. City of Joliet, No. 14-9496, the time has come to resolve the fundamental issues raised by the Question Presented in this case, which necessarily include whether the elements of the common law malicious prosecution tort — and the favorable termination element in particular — apply to plaintiff’s § 1983 claim.

Brief of Law Professors as Amici Curiae in Support of Petitioner, Lane v. Franks, No. 13-483, United States Supreme Court, OT 2013

This brief, submitted on behalf of more than 65 law professors who teach and write in the areas of employment law and constitutional law, argues that the Court should reverse the 11th Circuits decision denying First Amendment protection to a public employee who was allegedly terminated in retaliation for his testimonial speech in a criminal trial.