Civil rights case law

CIVIL RIGHTS CASE LAW

Liability of a Municipality for Acts of Its Agents

A municipality is not liable for the acts of its employees under §1983.Monell v. Dept. Of Social Services, 436 U.S. 658, 694 (1978). There must be proof of liability of an individual who is an employee and named as a defendant.

Freedom of Association

Freedom of association includes the right to attend a meeting, express one’s attitudes & philosophies by membership in a group or by affiliation with it and is a form of expressing opinion, Griswald v. Connecticut, 381 U.S. 479, 483 (1965). This is enjoyed by religious groups. Hosanna-Tabor Evangelical Church & School v. EEOC, 565 U.S. 171, 189 (2012). Denial of official recognition, without justification, to organizations burdens or abridges that right. Healy v. James, 408 U.S. 169, 181 (1972)

J. Michael Considine, Jr.

Excessive Use of Force by Police

In Barnes v. Felix, the US Supreme Court in a 9-0 vote rejected the moment of threat rule and stated the totality of circumstances are to be considered in determining if force used by police is excessive. (May 16, 2025) This is a great victory for victims of police brutality!