Section 1983 was designed to afford a remedy for constitutional violations by state and local officials. A series of U.S. Supreme Court decisions, however, has made it difficult for individuals who were wrongfully convicted in state court to obtain compensation under §1983 for even egregious violations of their federally protected rights. The Supreme Court has, inter alia, imposed stringent standards for establishing municipal liability, applied prosecutorial immunity expansively, and given law enforcement officers substantial protection under qualified immunity.
A recent decision of the U.S. Court of Appeals for the Ninth Circuit gives §1983 plaintiffs seeking compensation for wrongful conviction a ray of hope. In Goldstein v. City of Long Beach,1 the Ninth Circuit held that in adopting policies, systems and training concerning jailhouse informants, the Los Angeles district attorney acted as a municipal rather than state policymaker for the purpose of a §1983 municipal liability claim. The decision allows Thomas Goldstein's §1983 wrongful conviction claim to proceed against the County of Los Angeles.
Overturned Conviction
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
