Description
Section 1983 in the State Courts presents a clear methodology for addressing the complex procedural and remedial issues arising in Section 1983 cases that may be filed in both state and federal courts. Each step of litigation is supported by references to state and federal cases that identify underlying legal principles and strategies. This treatise includes: Comprehensive coverage of federal and state court decisions, offering definitions, explanations, case citations, checklists, and tactical insights Practical advice on choosing the right court, state remedial policies, judge and jury selection, pleading requirements, state justiciability policies, administrative exhaustion requirements, immunities, damages, wrongful death policies, removal, and attorney fees Up-to-date state and federal caselaw and statutory developments This title is cited in the state and federal courts and by the U.S. Supreme Court in its recognition that Section 1983 litigation takes place in courts in virtually every state (Howlett by and through Howlet v. Rose, 490 U.S. 356, 378 n.20 (1990)).
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