42 U.S.C. § 1983 - Harvard Law Review

42 U.S.C. § 1983 Leading Case

Williams v. Reed

Vol. 139 No. 1 November 2025 Being poor in America is taxing. For decades, claimants seeking assistance from social support programs have navigated bureaucratic processes and endured significant delays. In...

Contract Clause Notes

The Contract Clause: Reawakened in the Age of COVID-19

Vol. 136 No. 8 June 2023 Article I, section 10, clause 1 of the Constitution introduces a litany of limitations on state power. States cannot, inter alia, “grant Letters of...

42 U.S.C. § 1983 Notes

Judicial Immunity at the (Second) Founding: A New Perspective on § 1983

Vol. 136 No. 5 March 2023 Immunity doctrines have received increased scrutiny in recent years, both in academic scholarship and in the popular press. While the overwhelming majority of the...

Criminal Procedure Leading Case

Vega v. Tekoh

Vol. 136 No. 1 November 2022 Miranda v. Arizona is perhaps the best-known criminal justice decision in American history, bringing the privilege against self-incrimination “to the informal proceedings in the...

Qualified Immunity Recent Case

T.O. v. Fort Bend Independent School District

Fifth Circuit Declines to Extend Fourth Amendment to Bar Corporal Punishment in Public Schools

Vol. 135 No. 7 May 2022

42 U.S.C. § 1983 Recent Case

Freedom from Religion Foundation, Inc. v. Mack

Fifth Circuit Holds That Section 1983 Does Not Apply to Local Judges

Vol. 135 No. 5 March 2022

42 U.S.C. § 1983 Recent Case

Tekoh v. County of Los Angeles

Ninth Circuit Denies Rehearing En Banc to Consider Whether a Miranda Violation Can Give Rise to a Claim under § 1983

Vol. 135 No. 5 March 2022

42 U.S.C. § 1983 Recent Case

Swain v. Junior

Eleventh Circuit Holds that a Florida Jail Was Not Deliberately Indifferent to the Spread of COVID-19.

Vol. 134 No. 7 May 2021

Policing Recent Case

Agnew v. Government of the District of Columbia

D.C. Circuit Holds that D.C. Statute Is Not Unconstitutionally Vague.

Vol. 133 No. 5 March 2020

Federal Courts Articles

Abstention in the Time of Ferguson

Vol. 131 No. 8 June 2018 Of the roughly 450,000 Americans who are in local jails awaiting trial, many are there because they are poor. When people with economic resources...

Fred O. Smith Jr.