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Civil Rights Litigation

Introduction

This chapter focuses on the doctrine governing civil rights claims against individuals. The relevant doctrine is organized according to the level of government for which the individual defendant works, beginning with state and local officials and moving to federal officials.

Constitutional claims against state and local officials are governed by 42 U.S.C. § 1983. Constitutional claims against federal officials are governed by the Bivens doctrine. Students studying this material should be mindful first of the entity for which an individual works - i.e., the source of the individual's authority - before proceeding with any analysis of the possible causes of action available against that individual.

The chapter then proceeds to consider doctrinal limitations and defenses available to individual defendants to civil rights actions.