In Vega v. Tekoh the U.S. Supreme Court held 6-3 that police officers can’t be sued for money damages for failing to recite Miranda rights.
Continue readingSupreme Court to Decide Significant Spending Clause Case
In Health and Hospital Corp. of Marion County, Indiana v. Talevski the U.S. Supreme may decide two questions. First, it may review its holding that Spending Clause legislation allows private parties to bring lawsuits for money damages under 42 U.S.C. § 1983 (Section 1983). Assuming the Court doesn’t overturn this holding it will decide whether such claims may be brought under the Federal Nursing Home Amendments Act (FNHRA) transfer and medication rules.
Continue readingSCOTUS Holds Emotional Distress Damages Aren’t Available Under Various Spending Clause Anti-Discrimination Statutes
In Cummings v. Premier Rehab Keller the U.S. Supreme Court held 6-3 that emotional distress damages aren’t available if funding recipients violate four federal statutes adopted using Congress’s Spending Clause authority.
Continue readingSCOTUS Issues Unfavorable Ruling for States and Local Governments in Malicious Prosecution Case
In a 6-3 decision in Thompson v. Clark the U.S. Supreme Court held that to demonstrate a favorable termination of a criminal prosecution in order to bring a Fourth Amendment malicious prosecution case a plaintiff need only show that his or her prosecution ended without a conviction.
Continue readingSLLC Files Supreme Court Brief in Money Damages Miranda Case
Legal Center (SLLC) amicus brief in Vega v. Tekoh argues police officers should not be able to be sued for money damages if they fail to provide a Miranda warning.
Continue readingSupreme Court to Decide Whether Failure to Mirandize Means Money Damages
The question in Vega v. Tekoh is whether a police officer can be sued for money damages for failing to provide a Miranda warning.
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