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The Emerging State Court § 1983 Action: A Procedural Review

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    Abstract

    Although actions under § 1983 have traditionally been a federal court remedy, an increasing number of litigants have turned to the state courts to pursue claims under § 1983. In light of this trend, the author presents a comprehensive examination of state court § 1983 actions--focusing on the choice of the state forum as a tactical decision, the power and duty of state courts to hear § 1983 actions, and the specific procedural and remedial issues that will arise in state court § 1983 litigation.

    Original languageAmerican English
    JournalUniversity of Miami Law Review
    Volume38
    StatePublished - Jan 1 1984

    Keywords

    • Section 1983 litigation

    Disciplines

    • Civil Rights and Discrimination
    • Human Rights Law

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