9th U.S. Circuit Court of Appeals,
Civil Rights
Apr. 17, 2014
Many victims of civil rights violations left without a remedy
The victims of civil rights violations often can recover for their injuries only by suing the government officers responsible, and the 9th U.S. Circuit Court of Appeals recently made that much harder. By Erwin Chemerinsky
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
The victims of civil rights violations often can recover for their injuries only by suing the government officers responsible, and the 9th U.S. Circuit Court of Appeals recently made that much harder. In Peralta v. Dillard, 2014 DJDAR 2775 (Mar. 6, 2014), the 9th Circuit ruled in a 6-5 en banc decision that the jury can take into account the availability of resources in deciding whether to hold a government officer liable for a constit...
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