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Ashcroft v. Iqbal: Supervisory Liability Under Bivens and Section 1983

In its recent opinion in Ashcroft v. Iqbal, the United States Supreme Court confused the law of supervisory liability.  Iqbal's bare majority did not, contra the some gasps in the dissent, overrule supervisory liablity under Bivens or Section 1983.  The Court did confuse the law of supervisory liablity.  Let's look at where the Court went wrong.Bivens Actions. A state or local government official who violates a citizens constitutional rights may be sued under federal statute - 42 U.S.C. 1983.  Section 1983 was not used for decades.  Then, in the 1960s, the Supreme Court awoke Section 1983 from hibernation - in Monroe v. Pape.  Monroe, however, involved a lawsuit against state officials.  Such lawsuits were covered directly under federal statute...continue to full post

Full post as published by Crime & Federalism on July 27, 2009 (boomark / email).