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Section 1983 Litigation

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Term Talk: Medina v. Planned Parenthood South Atlantic; Perttu v. Richards

Erwin Chemerinsky, Tara L. Grove, James A. Chance
October 9, 2025

Civil Rights. § 1983.  Prison Litigation Reform Act. Legal experts discuss the Supreme Court's analysis of language that confers individual rights in Medina v. Planned Parenthood South Atlantic and the requirement of a jury finding when there is a factual dispute over exhaustion of remedies under the Prison Litigation Reform Act in Perttu v. Richards.

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Term Talk: Gutierrez v. Saenz; Andrew v. White

Laurie Levenson, Evan Lee, James A. Chance
October 2, 2025

Criminal Law and Procedure. Experts discuss Supreme Court clarifications of the redressability standard when analyzing standing in Gutierrez v. Saenz, and how clearly established law is determined in the context of the admission of prejudicial evidence in Andrew v. White.

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Term Talk: Chiaverini v. City of Napoleon

Laurie Levenson, Evan Lee, Francesca Wiilliams
November 21, 2024

Criminal Law. Malicious-prosecution. § 1983. Experts discuss the Supreme Court’s determination that probable cause for one charge does not insulate other charges from a §1983 malicious-prosecution claim.

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Affirming Dismissal on Qualified Immunity

Gerard E. Lynch
October 29, 2024

Opinion, Tanvir v. Tanzin, No. 23-738 (2d Cir. Oct. 29, 2024), D.E. 154, 120 F.4th 1049, aff'g Opinion, No. 1:13-cv-6951 (S.D.N.Y. Feb. 24, 2023), D.E. 149, 2023 WL 2216256.

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Term Talk: Moody v. NetChoice; Lindke v. Freed

Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins
September 19, 2024

First Amendment. Social Media. Experts analyze the Court’s varied opinions on whether social media platform content moderation is speech protected by the First Amendment in Moody v. NetChoice, LLC, and when posts to personal social media accounts by government officials become government speech in Lindke v. Freed.

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Denial of Qualified Immunity

Richard Brooke Jackson
April 5, 2024

Opinion, Ajaj v. Fed. Bureau of Prisons, No. 1:15-cv-992 (D. Colo. Apr. 5, 2024), D.E. 450.

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Casting a Provisional Ballot Because the Absentee Ballot Never Arrived

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
November 1, 2023

White v. Blackwell (David A. Katz, N.D. Ohio 3:04-cv-7689)

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Casting Provisional Ballots in the Wrong Precinct in Michigan

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
October 27, 2023

Bay County Democratic Party v. Land (1:04-cv-10257) and Michigan State Conference of NAACP Branches v. Land (1:04-cv-10267) (David M. Lawson, E.D. Mich.)

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Compliance with the Help America Vote Act for Provisional Ballots

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
October 26, 2023

Sandusky County Democratic Party v. Blackwell (3:04-cv-7582) and League of Women Voters of Ohio v. Blackwell (3:04-cv-7622) (James G. Carr, N.D. Ohio)

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Term Talk: Groff v. DeJoy; Health and Hosp. Corp. of Marion Ctny. v. Talevski

Erwin Chemerinsky, Michael McConnell, Shelly A. Easter
September 28, 2023

Civil Rights. Title VII. §1983. Experts discuss the greater religious accommodation requirements for employers the Supreme Court outlines in Groff v. DeJoy, and the continuing availability of §1983 to enforce some private rights created by statutes adopted under the Spending Clause in Health and Hosp. Corp. of Marion Ctny. v. Talevski.

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