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West e-lert Newsletter
September 2009

CIVLIBLIT: Section 1983, phrase by phrase

Litigation over 42 U.S.C.A. § 1983 can be found throughout the state and federal courts, including prisoner and police misconduct actions, zoning challenges, and housing and employment discrimination lawsuits. (454,260 citing references to section 1983 were available in KeyCite as of September 17.)

Given its procedural and substantive incentives—including generous damages and attorney fees—42 U.S.C.A. § 1983 might be the most lucrative 145 words in American law.

With so much riding on so little text, you'll want to have the Civil Rights and Civil Liberties Litigation: The Law of Section 1983 database (CIVLIBLIT) nearby. CIVLIBLIT contains the full text of Civil Rights and Civil Liberties Litigation: The Law of Section 1983, professor Sheldon Nahmod's authoritative, three-volume treatise that's largely organized around words and phrases in the statute (e.g., "every person"). On Westlaw, it's easy to use the Table of Contents service to zero in on analysis and authorities that pertain to a particular concept. You can then retrieve the cited authorities by clicking their respective links in the text.

CIVLIBLIT covers procedure, substantive law (including exhaustive chapters on damages and attorney fees), and key decisions; it also contains valuable checklists and forms you can adapt for your own litigation. The database is revised annually and was updated this month with the 2009–2010 edition.

Professor Nahmod has practiced civil rights law for nearly 30 years and is a recognized authority on section 1983 litigation. His publication has been cited as authority in more than 178 judicial opinions, including those of the U.S. Supreme Court.


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