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Horner, Jeffrey J. – West's Education Law Reporter, 1988
Given state law barriers to recovery for the negligence of public officials, redress is often sought in federal courts. Discusses the concept of "constitutional tort" and analyzes the various components and the elements that must be satisfied before recovery is allowed. (MLF)
Descriptors: Constitutional Law, Court Litigation, Federal Courts, Legal Responsibility
Peer reviewed Peer reviewed
Horner, Jeff – West's Education Law Reporter, 1991
Section 1983 opened the federal courts to private citizens by creating a cause of action for invasion of rights protected by federal law. Liability can only be established through proof that injury was occasioned by the implementation of municipal "policy or custom." Examines the evolution of this court doctrine. (MLF)
Descriptors: Civil Rights, Constitutional Law, Court Doctrine, Court Litigation