Category: video

What are the differences between a Bivens Action and a 42 USC 1983 civil rights lawsuit?

42 USC 1983 is a statute, a law enacted by Congress.  The law allows a person whose Constitutional rights were violated by government officials to sue in federal court.  The defendant in the case must be someone acting on behalf of a state or local government.  A plaintiff can also sue a local government, such as a city, for violating his constitutional rights. Congress passed 42 USC 1983 because of a concern after the United States Civil War that southern states deprived black people of their Constitutional rights.  42 USC 1983 empowers victims to sue state officials, and those acting on their behalf. A Bivens Action is different because the defendant in a Bivens Action is alleged to be acting on behalf of the federal government, not a state government.  The Supreme Court, in Bivens v. Six Unknown Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), held that plaintiffs whose Constitutional rights were violated by persons acting on behalf of the federal government (may) have an implied right to sue federal officials in federal court.  The plaintiff in that case was named Warren Bivens so now we call these types of cases “Bivens Actions”. Learn more about a 2017 Supreme Court case, Ziglar v. Abbasi which discusses the scope of Bivens actions and the separation of powers: Ziglar v. Abbasi: The Scope of Bivens Actions Below is an older video on Bivens...

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Isn’t it troublesome for each state in the US to have different laws and courts?

I received a number of comments that it seems inefficient for different states to have different laws and legal systems.  Here are a few thoughts on this: 1. Many people might agree with you.  In fact, there are “uniform laws” adopted by most or all the states for precisely that reason – – so that each state will apply the same law.  For example, in connection with business (the Uniform Commercial Code or UCC) and criminal law (the Model Penal Code), many states enacted similar codes.   2. In any event, most laws tend to be fairly similar.  For example, no one could seriously believe that in his home state it would be illegal to start a fire in the lobby of a hotel but that in another state that type of  dangerous activity could possibly be legal. 3. There are some advantages to having different legal systems and statutes in each state.   First, states can specialize in areas of law.  For example, Delaware has well-developed law regarding corporations.  States in the west or south developed useful law regarding cattle branding.  New York is not famous for cattle branding but many people respect New York’s sophisticated commercial laws and courts.   Second, different states can experiment with different laws and states can learn from each other.  For example, California law regarding torts tends to be ahead of the...

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