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The American Law Institute Launches Restatement of the Law, Constitutional Torts
PHILADELPHIA — The American Law Institute’s Council voted today to approve the launch of the Restatement of the Law, Constitutional Torts. The project will be led by Reporters John C. Jeffries, Jr. of University of Virginia School of Law and Pamela S. Karlan of Stanford Law School.
The project will examine the law of 42 USC 1983, which provides an individual the right to sue state government employees and others acting “under color of state law” in the federal court for violations of federal law. Actions under 1983 are the dominant vehicle for securing money damages for federal rights, especially constitutional rights. The project also will cover Bivens[1] actions, the analogous cause of action for violations by a federal officer. Among other topics, the Restatement will cover governmental immunities from suit, local government liability for official policy