Stuff I Dont Know Flashcards
Actions under 1983 and those under Bivens are
Case cite
are identical save for the
replacement of a state actor under § 1983 by a federal actor under Bivens.” Van
Strum v. Lawn, 940 F.2d 406, 409 (9th Cir. 1991) (borrowing state personal-injury
statute of limitations for Bivens action);
1988
Attorney fees
42 U.S.C. § 1986
Mens rea
Section 1986 authorizes a remedy against state actors who have negligently
failed to prevent a conspiracy that would be actionable under § 1985.” Cerrato v.
S.F. Cmty. Coll. Dist., 26 F.3d 968, 971 n.7 (9th Cir. 1994). “A claim can be
stated under [§] 1986 only if the complaint contains a valid claim under [§] 1985.”
Karim-Panahi v. L.A. Police Dep’t, 839 F.2d 621, 626 (9th Cir. 1988
Monell v respondeat superior
2 case cites
Monell v. Department of Soc. Svcs., 436 U.S. 658 (1978)
Board of Comm’rs of Bryan Cty. v. Brown, 520 U.S. 397 (1997)
Standard for policy custom
Deliberate ind
3 ways to monell liab
1 custom
2 policy
3 failure to train
Del ind standard monell
1983 standard
What can be enforced
DPS: Amount of differentiation between property value
DPS: Frequency of inventories
DPS: Requirements re evidence tracking
How long and how
DPS: How money counted
DPS: Fireams labeling
Ammunition storage
DPS: Property and evidence storage
DPS: Packaging requirement
DPS: requirement on every seizure
DPS: storage time rule and requirement for exceptions
