The Americans with Disabilities Act (ADA) was created by Congress in 1990 and went into effect in 1992. The legislation outlaws discrimination and provides equal opportunity for persons with certain disabilities in employment, public accommodations, transportation, public services and commercial services. The Act was amended in 2008. The EEOC has summarized these amendments as follows: “On September 25, 2008, the … Read More
Civil Rights Litigation under 42 U.S.C. 1983: Prosecuting the Powerful on Behalf of the Powerless Pt. 3
This is the third and final installment of our 3 week discussion on Civil Rights Litigation under 42 U.S.C. 1983. Governmental Immunities and Limitations to Liability 1. Qualified immunity: Even if your plaintiff’s constitutional rights were violated, a state actor may be entitled to “qualified immunity” if his actions did not violate a “clearly established” constitutional right. a. Example: Husband, wife, … Read More
Civil Rights Litigation under 42 U.S.C. 1983: Prosecuting the Powerful on Behalf of the Powerless Pt. 2
This is Part II of our continued discussion of Civil Right Litigation under 42 U.S.C. 1983 as presented at the Lawyers Club of Cincinnati by Paul M. Laufman of Laufman & Napolitano, LLC. Once I’ve got a client, who do I sue? 1. Individual liability under section 1983 a. An individual sued must have actually done something in order to … Read More
Civil Rights Litigation under 42 U.S.C. 1983: Prosecuting the Powerful on Behalf of the Powerless Pt. 1
The following is an excerpt from a presentation at the Lawyers Club of Cincinnati given by Paul M. Laufman of Laufman & Napolitano. We will be sharing other excerpts from this presentation over the next few weeks. Part 1: Nuts and Bolts of Section 1983 Litigation Every person who, under color of any statute, ordinance, regulation, custom, or usage, of … Read More