Constitutional Litigation
This is a course in advanced and applied constitutional law. It focuses on one of the central ways in which constitutional claims are actually litigated: in damages lawsuits against public officials and local governments. The bulk of the course looks at litigation under 42 U.S.C. A § 1983, but we will also consider Bivens actions against federal officials. Our focus will be on absolute and qualified immunities; government liability for the acts of individual officials; damages; the interaction of damages actions with the habeas system; and the remedial issue nearest and dearest to many lawyers' hearts: attorney's fees awards. This course is particularly useful for students who plan to clerk in Federal courts, as much of their dockets involves §1983 litigation. This course complements Federal Jurisdiction and students who plan to clerk will benefit from taking both courses.