TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Tuesday, October 25, 2022

ALI Launches Restatement of Constitutional Torts

From the ALI announcement:

The American Law Institute’s Council voted today to approve the launch of Restatement of the Law, Constitutional Torts. The project will be led by Reporters John C. Jeffries, Jr. of University of Virginia School of Law and Pamela S. Karlan of Stanford Law School.

The project will examine the law of 42 U.S.C. § 1983, which provides an individual the right to sue state government employees and others acting "under color of state law" in federal court for violations of federal law. Actions under § 1983 are the dominant vehicle for securing money damages for federal rights, especially constitutional rights. The project also will cover Bivens actions, the analogous cause of action for violations by a federal officer. Among other topics, the Restatement will cover governmental immunities from suit, local government liability for official policy or custom, and restrictions on § 1983 actions imposed by the Prison Litigation Reform Act and the overlapping law of federal habeas corpus.

The full announcement is here.

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