Thursday, September 27th, 2007

DAlaska: Section 1983 Claim for Wrongful Death of Adult Child

What is proper standard: “deliberate indifference” or “shocks the conscience”? 
Judge John Sedwick has held that parents stated a claim under 42 USC § 1983 against a State Trooper who shot their adult son.  The son was in a stopped car in a pull-out on the Sterling Highway.  After the son refused to get out of the car, […]

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Filed under 1983

Thursday, September 27th, 2007

9th Cir: Scope of Mixed-Motive Defense in Section 1981 Claim

Court creates split with 11th Circuit
When the 1991 Congress amended various civil rights statutes, it narrowed the mixed-motive defense in Title VII, but not Section 1981 claims, in response to Price Waterhouse v. Hopkins, 490 US 228 (1989).  Price Waterhouse, after all, was a Title VII, not a § 1981 case.   The question arises, then, whether […]

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Filed under 1981