Here’s the amicus brief of the American Association for Justice (fka Association of Trial Lawyers of America) supporting the respondent in Filarksy v. Delia, No. 10-1018 (cert. granted Sep. 27, 2011), the case in which the U.S. Supreme Court is considering whether a private lawyer hired by a local government is entitled to claim
42 U.S.C. § 1983 | Civil Rights
Respondent’s Merits Brief In Filarksy: Is A Private Lawyer Retained To Represent Government Entitled To Claim Qualified Immunity?
Here’s the respondent’s merits brief in Filarksy v. Delia, No. 10-1018 (cert. granted Sep. 27, 2011), the case in which the U.S. Supreme Court is considering whether a private lawyer hired by a local government is entitled to claim the same immunities from section 1983 lawsuits as his government-employed counterparts.
We filed an amicus…
SCOTUS Asks For Fed Input In Case Asking Whether Hawaiian Homes Property Tax Exemption Is Racial Discrimination
Today was the day we were to have found out whether the Supreme Court would review Corboy v. Louie, No. 11-336 (cert. petition filed Sep. 15, 2011). That’s the case seeking review of the Hawaii Supreme Court’s opinion which concluded that challengers to the property tax exemptions conferred on lessees of Hawaiian Homesteads lacked…
What’s That Definition Of “Insanity” Again?
No less a light than Albert Einstein is reported to have said that the “definition of insanity is doing the same thing over and over again and expecting different results.” That quote has always seemed more apocryphal than accurate to us, but it’s a good definition regardless of who first uttered it.
Exhibit “A” appended…
Final Briefs In Hawaii SCOTUS Case: Is The Hawaiian Homes Property Tax Exemption Racial Discrimination?
Update: The Court has invited the Solicitor General to provide the views of the federal government, so we’re still on hold.
At its December 9, 2011 conference, the U.S. Supreme Court will consider whether to review Corboy v. Louie, No. 11-336 (cert. petition filed Sep. 15, 2011). That’s the case seeking review of…
More Amicus Briefs In Filarsky: A Private Lawyer Retained To Represent Government Is Entitled To Claim Qualified Immunity
Last week, we filed the ABA’s amicus brief in Filarksy v. Delia, No. 10-1018 (cert. granted Sep. 27, 2011), the case in which the U.S. Supreme Court is considering whether a private lawyer hired by a local government is entitled to claim the same immunities from section 1983 lawsuits as his government-employed counterparts. Our…
New SCOTUS Brief: A Private Lawyer Retained To Represent Government Is Entitled To Claim Qualified Immunity
Today on behalf of the American Bar Association, we filed this amicus brief in Filarsky v. Delia, No. 10-1018 (cert. granted Sep. 27, 2011).
The issue in the case involves the immunities that lawyers may be entitled to claim in civil rights actions under 42 U.S.C. § 1983. It’s not a land use case…
Is A Private Lawyer Retained To Represent Government Entitled To Claim Qualified Immunity?
Filarsky v. Delia, No. 10-1018 (cert. granted Sep. 27, 2011) is not the typical case for this blog. It’s not a land use case, and involves a question of the immunities that lawyers may be entitled to claim in civil rights actions under 42 U.S.C. § 1983.
But since section 1983 claims and defenses…
Anthony Palazzolo (1918-2011)
From The Day comes the sad news that Anthony Palazzolo, the namesake of the U.S. Supreme Court’s decision in Palazzolo v. Rhode Island, 533 U.S. 606 (2001), has died.
Anthony Palazzolo, whose fight to develop his property in Misquamicut made its way to the U.S. Supreme Court, died Nov. 3 at the age of…
Final Cert Briefs In West Linn Case: Are Nollan And Dolan Limited To Exactions Of Land?
We’ve been thinking a lot about exactions lately.
First, it was the petition for certiorari in West Linn Corporate Park LLC v City of West Linn, No. 11-299 (petition for cert. filed Sep. 6, 2011), which asks whether the nexus and “rough proportionality” tests for a regulatory taking in Nollan and Dolan are limited…
