Legal Scholarship
 

Abstract

This article contends that, for purposes of settling the law, courts entertaining civil rights lawsuits doomed to fail on grounds of qualified immunity should presumably address the question whether the complaint pleads a viable claim that the defendant caused a violation of the plaintiff's federal rights. The article also contends that such "unnecessary" threshold rulings are not dicta.

Publication Date

1-1-1999

Journal Title

Notre Dame Law Review

Document Type

Article

Additional Information

Abstract available at http://ssrn.com/abstract=1567117

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