Nutshell on Criminal Procedure - Constitutional Limitations, 7th

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Consent decrees have been used to alter environmental policy, one example being the "Flannery Decision", or the Toxics Consent Decree, entered into by the Environmental Protection Agency and the Natural Resources Defense Council , an environmental advocacy group.

Scholars find advantages and disadvantages to using the consent decree. The consent decree can impact those outside of the parties , who resolve their disputes with a consent decree, especially in settling institutional reform and antitrust cases. United States , [40] the Supreme Court acknowledges that "the effects of the decree on third parties and the public interest should be taken into account when determining whether or not a change in fact warrants From Wikipedia, the free encyclopedia.

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Los Angeles Times. Equal Employment Opportunity Commission. The case law is clear, however, that "public concern" can be local. As the Seventh Circuit has explained, it does not matter that the statement at issue was not of "transcendent importance" or consider "the origins of the universe or the merits of a constitutional monarchy. Remember, however, the First Amendment as with all of the others only protects against abuses by state actors, not private employers. Though First Amendment claims resemble those for state law retaliatory discharge, there are several advantages in addition to those mentioned above, such as fee-shifting and the longer statute of limitations for proceeding under Section Initially, unlike state law retaliatory discharge claims, First Amendment Section plaintiffs need not have been actually terminated.

While Illinois courts are expressly unwilling to "expand" the tort of retaliatory discharge to apply to cases where there was not an actual termination,5 First Amendment claims can be brought for retaliatory adverse employment actions e. Equal Protection claims can be brought where the government treats one class of people differently than another class of people. While most often thought of as discrimination against minorities such as racial profiling in traffic stops , the courts also recognizes "class of one" claims.

A constitutional claim can also be stated for "deliberate indifference" to a "serious medical need" for a detainee in custody. The need for medical attention must be genuine and objectively serious, and deliberate indifference cannot be shown absent actual knowledge of a problem on the part of the state actor.

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Under DeShaney ,10 state actors can be liable where the government actually created the danger which befell an individual. As the Seventh Circuit has explained, "liability exists when the state affirmatively places a particular individual in a position of danger the individual would not have otherwise faced. In such a case, the "danger" having to walk down miles of unlit highway to get home did not exist until the police officer arrested the individual and placed him in that position, and therefore can be said to be "State created". On the cutting edge, beginning in , the Seventh Circuit recognized what have come to be known as Newsome claims for individuals wrongfully convicted through misconduct on the part of the police.

Until recently, the Seventh Circuit had recognized Section equivalents to malicious prosecution. In Newsome , however, the Seventh Circuit expressly repudiated such claims. Thus, if one intends to plead a Section wrongful conviction claim, it must now be stated in terms of substantive due process as described above, and not in terms of traditional malicious prosecution. Plaintiffs obviously remain free, however, to plead both Newsome and state law malicious prosecution claims simultaneously, which is undoubtedly the optimal route.

By definition, these Monell claims are not based on respondeat superior ; rather, they are brought against the governmental entity for injuries caused directly by the entity itself. While such claims do not necessarily increase the damages available to the plaintiff, they are nonetheless important for their role in curtailing civil rights abuses.

Congress reasoned that where a governmental entity is forced to defend and therefore face unconstitutional policies and practices in open court, changes tend to be made. Monell claims tend to take several forms. First, a City can be liable for an express policy. The classic example is Garner ,15 where the City of Memphis had an express policy permitting its officers to fire their guns at persons fleeing from the police regardless of the threat posed by such individuals. Because that policy could mean the death penalty for non-violent individuals who posed no threat to the officers or others, it was declared unconstitutional.

Additionally, municipalities can also be liable for failure to train their employees. Such deliberate indifference is commonly demonstrated in two ways.