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Jul
8
2010

These elementary principles establish the government's obligation to provide medical care for those whom it is punishing by incarceration. An inmate must rely on prison authorities to treat his medical needs

ada medical care eigth amendment Color of the Law

in list: 10A4-F exceptional clearance

Jun
3
2010

Disability Law, the ADA and the Courts: Constitution
As to the supervisory school officials (the superintendent, principal and others), there was sufficient basis to continue the suit on the grounds of the alleged "claimed knowledge or 'blind eye' acquies

Disability Law the ADA and Courts: Constitution for:@twitter Color of

Feb
21
2010

"Michael Wells
, University of Georgia School
of Law
Thomas A. Eaton
, University of Georgia
School of Law

Article comments

Georgia Law Review, Vol. 18, No. 2 (Winter 1984), pp. 201-257

Abstract

The thesis of this Article is that both the Supreme Court and its critics
have failed to identify and confront the central issue presented by these due
process constitutional
tort
cases. That issue is neither procedural fairness nor the choice between state
and federal courts. It is deciding whether a government-inflicted injury to
life, liberty, or property violates the substantive protections of the due
process clauses and thereby warrants a constitutionally derived tort remedy.

In Part II of this Article we examine the Supreme Court's decisions in this
area, focusing primarily on Parratt v. Taylor. We demonstrate that neither
Parratt nor its predecessors provide meaningful guidelines to define the
boundary between constitutional

and ordinary tort. In Part III we argue that the correct approach to the problem
is to treat it as a variant of substantive due process doctrine. Applying that
analysis, we propose in Part IV four principles for deciding particular cases.
The actor's motive, the degree of care exercised, the relation between the
amount of force used and legitimate government objectives, and the degree of
government control over the plaintiff should be the determining factors in
whether a given claim warrants treatment as a constitutional
tort."

constitutional tort ada

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