Constitutional Law
Apr. 21, 2011
A Distorted System of Constitutional Remedies
Federal courts have undermined prosecution of civil rights violations commited by public employees under color of law.
Robert L. Bastian Jr.
Partner
Bastian & Dini
9025 Wilshire Blvd, Penthouse
Beverly Hills , CA 90211
Phone: (310) 789-1955
Fax: (310) 822-1989
Email: robbastian@aol.com
Whittier Law School
FIRST IN TWO-PART SERIES: Judge Richard Posner recently penned interesting and potentially important dicta regarding municipal liability under the civil rights statutes. "For reasons based on what scholars agree are historical misreadings (which are not uncommon when judges play historian)," he writes in Vodak v. City of Chicago 2011 WL 905727 (7th Cir. 2011), "the Supreme Court has held that municipalities are not liable for the torts of their employees under the strict-liability...
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