McKinney Due Process Analysis Alive and Well in the Eleventh Circuit
4/9/19
By: Dana Maine
This will be a short blog: “The question before us is whether a litigant in this Circuit has a substantive-due-process claim under the Due Process Clause of the Fourteenth Amendment when the alleged conduct is the unlawful …
Split in the Circuits May Force SCOTUS to Revisit Kingsley
3/14/19
By: Ali Sabzevari
In Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015), the Supreme Court held that a pretrial detainee may prevail on a § 1983 excessive force claim if he or she shows that the force used was …
Can Governments be Liable for Mass Shootings under the Constitution?
2/11/19
By: Phil Savrin
The recent tragedies of mass shootings have spawned litigation over the civil liabilities of state governments for failing to protect members of the public from harm, particularly when there were advance warning signs that police departments overlooked …
School Shootings: Is There a Constitutional Duty to Protect Students?
1/16/19
By: Jake Daly
Sadly, our nation’s schools are not free from shootings and other violent crimes. When such crimes occur on private property, the laws of many states provide the victims a remedy (money damages) against the owner of the …