Albany Law Review - Vol. 60 Nbr. 5, August 1997
...
Introduction
A constitutional tort is an action seeking damages against the ...... Six Unknown Federal Narcotics Agents,(4) the constitutional tort theory first emerged in the context of ...... Constitution, despite the absence of explicit constitutional or statutory authorization.(5)
However, since ...
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Corrections Caselaw Quarterly - Nbr. 2000, February 2000
... a prior showing of physical injury applies to constitutional torts and that the provision barred the inmate's ...
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Journal of Criminal Law and Criminology - Vol. 85 Nbr. 4, March 1995
Claims of malicious prosecution brought under 42 U.S.C. 1983 should be analyzed based on the Fourteenth Amendment's procedural due process clause and according to the Fourth Amendment's standard of 'objective reasonableness,' although substantive due process review under the Fourteenth Amendment does not apply. The U.S. Supreme Court in Albright v. Oliver correctly rejected a substantive due process claim for malicious prosecution, but failed to consider the issue of procedural due process. T...
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Constitutional Commentary - Vol. 25 Nbr. 2, June 2008
There is a fundamental contradiction at the heart of constitutional tort law. On the one hand, the Supreme Court has ...... for a clarifying reform of the quagmire that is constitutional tort doctrine. (6) Part I starts with an ...
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Stanford Law Review - Vol. 53 Nbr. 5, May 2001
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The Court recognized that patents created constitutionally protected property interests.(22) And it ......
Part III of the Court's opinion in Alden was devoted to reiterating that
[t]he constitutional privilege of a State to assert its sovereign ...
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Suffolk University Law Review - Vol. 41 Nbr. 3, June 2008
... (3) Public officials often confront constitutionally uncertain circumstances while performing their ...... (12)
[section] 1983 (Section 1983), alleging constitutional violations of her Fourth Amendment right against ...
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Corrections Caselaw Quarterly - Nbr. 2000, February 2000
U.S. v. Walsh 194 F.3d 37 (2nd Cir. 1999). A corrections officer who was convicted of violating an inmate's constitutional rights appealed his conviction on three counts ...... The appeals court affirmed, finding that the officer's acts constituted punishment and rose to the level of a constitutional violation. The corrections officer was found to ...
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Corrections Caselaw Quarterly - Nbr. 2000, February 2000
Grayson v. Peed, 195 F.3d 692 (4th Cir. 1999). The administrator for the estate of a deceased detainee sued officers and county officials under [sections] 1983 asserting constitutional violations, negligence, gross negligence, ...
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