U.S. Supreme Court,
Government,
9th U.S. Circuit Court of Appeals
Dec. 16, 2010
A New Obstacle to Civil Rights Relief
The U.S. Supreme Court makes it more difficult for plaintiffs to sue their local governments. By Erwin Chemerinsky of UC Irvine School of Law.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
The U.S. Supreme Court's recent decision in Los Angeles County v. Humphries, 131 S.Ct. 447 (Nov. 30, 2010), creates yet another obstacle for plaintiffs seeking relief in civil rights cases. In Humphries, the Court held that a civil rights plaintiff may obtain an injunction against a local government only by proving that the practice to be enjoined results from an official policy or custom. Because of the difficulty of provin...
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