Perspective
Oct. 28, 2009
Casting Doubt On Bivens Claims
Allan Ides of Loyola Law School says when it comes to civil rights, the Supreme Court tends to err on the side of the government power.
CONSTITUTIONAL RIGHTS
By Allan IdesThe Supreme Court's recent decision in Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009), has generated substantial commentary over the Court's revision of federal pleading standards. The Court's new "plausibility" standard seems to be particularly exacting in the context of civil rights claims. Less attention has been paid, however, to the Iqbal Court's apparent antipathy toward civil rights claims generally. I...For only $95 a month (the price of 2 article purchases)
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