Constitutional Remedies: A Reference Guide to the United States Constitution

Overview

Understanding the impact of constitutional rights in the real world depends on understanding the law of constitutional remedies for their violation. Integrating the history, doctrine, and policy of constitutional remedy, Wells and Eaton explain how people go about trying to obtain redress for violations of their constitutional rights. Diverse issues arise when persons seek to bring a lawsuit against governments, officials, or private individuals for violation of their constitutional rights. Among them are whether...

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Overview

Understanding the impact of constitutional rights in the real world depends on understanding the law of constitutional remedies for their violation. Integrating the history, doctrine, and policy of constitutional remedy, Wells and Eaton explain how people go about trying to obtain redress for violations of their constitutional rights. Diverse issues arise when persons seek to bring a lawsuit against governments, officials, or private individuals for violation of their constitutional rights. Among them are whether the injury ought to be accorded constitutional status at all, or instead should be treated as a routine wrong, no different in principle from a traffic accident. If the case warrants constitutional status, the next issue is whether or not suit may be brought against the officer who committed the wrong or his government employer, and so on. On each of these and other issues the authors guide the reader through the complex body of doctrine, the lively case law debates, and the scholarly literature over the appropriate mix of policies and the means by which to achieve them.

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Product Details

Meet the Author

MICHAEL WELLS is J. Alton Hosch Professor at the University of Georgia Law School. He has written a number of articles on constitutional remedies, constitutional law, and federal courts.

THOMAS A. EATON is J. Alton Hosch Professor at the University of Georgia Law School.

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Table of Contents

Series Foreword
Foreword
Acknowledgments
Introduction
1 A History of Constitutional Remedies 1
Sovereign Immunity 1
England and Early America 2
Article 3, Chisholm v. Georgia, and the Eleventh Amendment 3
Post-Civil War Developments: The Fourteenth Amendment, Hans, and Ex Parte Young 4
Sovereign Immunity in the Late Twentieth Century 8
The Sovereign Immunity of the United States 10
Remedies against Officers and Local Governments 11
The Common Law Background of Constitutional Remedies 11
Ex Parte Young and Home Telephone: The Origins of Constitutional Remedies 13
Section 1983: Before Monroe v. Pape 15
Reviving Section 1983: Monroe and Its Progeny 19
The Civil Rights Attorneys' Fees Act of 1976 23
Suing Federal Officers: Bivens v. Six Unknown Named Federal Narcotics Agents 24
2 Constitutional Remedies and Commentary 29
State Action 29
General Considerations 30
Self-Help Remedies 34
Due Process and Other Constitutional Rights 44
Affirmative Constitutional Duties 77
Liability of Government Entities 90
Causation 117
Absolute Immunity 133
Qualified Immunity 149
Remedies: Damages, Injunctions, Declaratory Relief, and Attorney's Fees 169
Federalism and Constitutional Torts 208
3 Conclusion 237
Bibliographical Essay 241
Table of Cases 255
Index 263
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