Sword and Shield

This fifth edition of Sword & Shield: A Practical Approach to Section 1983 Litigation is substantially reorganized to provide practitioners with easier access to the information they need as they are handling civil rights claims. As in prior editions, the authors provide a timely analysis of practical considerations necessary to practice effectively in this technically difficult and ever-evolving area of law. The chapters are now more tightly focused to provide a roadmap for handling civil rights litigation under § 1983. Topics covered are:


• A Comprehensive review of the fundamentals of Section 1983 litigation into state court, including a discussion of state court jurisdiction, forum choice considerations, the methodology of state court Section 1983 litigation, and more;

• Procedural intricacies of Section 1983 litigation in federal court identifying ripeness, forum choice, and removal, and more;

• A defense-oriented view of municipal liability under Section 1983;

• Police misconduct claims in the context of the complex search and seizure rules that police must follow under the Fourth Amendment;

• The constitutional rights of public employees;

• The Section 1983 land use case from its inception to the Supreme Court's recent expansion of the right of property owners;

• Students' constitutional rights in public school settings; and

• Individual immunity defenses under Section 1983.