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Civil Rights Litigation Attack Outline

This is a sample of our (approximately) 4 page long Civil Rights Litigation Attack notes, which we sell as part of the Civil Rights Litigation Outlines collection, a A package written at University Of Virginia in 2016 that contains (approximately) 33 pages of notes across 2 different documents.

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Civil Rights Litigation Attack Revision

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Right/Cause of Action
§ 1983
 Constitutional Violation o Due Process Type Violations & Zinermon/Parrat: Does DP claim come from a random and unauthorized departure from pre-deprivation proceedings?
 If yes: No 1983 until state post-deprivation proceeding complete. Parratt.
 If no: May file 1983 immediately. Monroe. o Private Violence: No DP 1983 claim (failure to protect/enforce order, reputation) o Excessive Force & Law of Police: identify scenario/amendment, then apply standard
 4A
 When: Active seizure (arrest) of person
 Standard: Objectively reasonable under the circumstances. Graham
 5A
 When: Interrogation or confession
 Standard: Malicious/sadistic to shock the conscience Chavez
 SDP (14A states, 5A feds)
 When: Non-seizure situations with free people; people detained without conviction (pretrial, mental ward)
 Non-Force Standard: Deliberate indifference, or shocks the conscience if no time to deliberate. Lewis
 Force Standard: Kingsley actually governs w/ objective reasonableness, but see Shocks conscience per Lewis
 8A
 When: Post-conviction
 Non-Force Standard: Deliberate Indifference to known risk
 Force Standard: Malicious, sadistic, for purpose of harm
 See also Equal Protection (apply force in a discriminatory way)
 Standards: Objectively reasonable

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