With the doors to federal court closing on civil rights claims, this final episode of Season 2 heads to new terrain: state court. Click here for […]

The post State Remedies | SEASON 2, EP. 11 appeared first on Institute for Justice.

In 1983, in the case of Briscoe v. LaHue, the Supreme Court ruled that government employees who commit perjury at trial are absolutely immune from […]

The post Prosecutors, Perjurers, and Other Non-Persons — Part 2 | Season 2, Ep. 10 appeared first on Institute for Justice.

In 2005, Charles Rehberg annoyed some politically powerful people in his community of Albany, Georgia, and found himself facing serious criminal charges—charges that were completely […]

The post Prosecutors, Perjurers, and Other Non-Persons — Part 1 | Season 2, Ep. 10 appeared first on Institute for Justice.

On this episode, we take stock of developments in the courts and in Congress since this season began. There’s an update on the first case […]

The post Closing the Courthouse Doors | Season 2, Ep. 9 appeared first on Institute for Justice.

Section 1983 says that “every person” acting under color of state law shall be liable for violating the Constitution. But in 1951, the Supreme Court […]

The post Persons Who Are Not “Persons” | Season 2, Ep. 8 appeared first on Institute for Justice.

In 1978, the Supreme Court held that individuals can sue local governments for constitutional violations in federal court. Indeed, the Court held that Congress had […]

The post The Shooting of Bobby Moore — Part 2 | Season 2, Ep. 7 appeared first on Institute for Justice.

In 2012, Little Rock police officer Josh Hastings shot and killed 15-year-old Bobby Moore and lied about how it happened. Hastings had a long history […]

The post The Shooting of Bobby Moore — Part 1 | Season 2, Ep. 7 appeared first on Institute for Justice.

In 1967, the Supreme Court invented qualified immunity. And in 1982, the Court transformed the doctrine into the one we have today. On this episode, […]

The post Pierson to Pearson | Season 2, Ep. 6 appeared first on Institute for Justice.

In Chicago in 1958, over a dozen police officers barged into the home of a sleeping family with guns drawn. They didn’t have a warrant, […]

The post Under Color of Law | Season 2, Ep. 5 appeared first on Institute for Justice.

Section 1983 is one of the most important civil rights laws on the books; tens of thousands of plaintiffs file Section 1983 cases each year […]

The post Outrage Legislation | Season 2, Ep. 4 appeared first on Institute for Justice.

By any measure, the conditions that Lee Saunders endured in the psych unit at the Brevard County jail in Florida were shockingly inhumane. But when […]

The post The Bubble | Season 2, Ep. 3 appeared first on Institute for Justice.

For victims of government misconduct, whether you can sue the officials who violated your constitutional rights often depends on whether the officials are federal, state, […]

The post Death By a Thousand Cuts | Season 2, Ep. 2 appeared first on Institute for Justice.

In 2014, two members of a joint state-federal fugitive task force beat up an innocent college student, James King, after mistaking him for a suspect […]

The post They’re Going to Kill This Man | Season 2, Ep. 1 appeared first on Institute for Justice.

Why is it so hard to sue officials who violate the Constitution? Season 2 of Bound By Oath is coming soon. Click here for transcript. […]

The post Trailer: Season 2 appeared first on Institute for Justice.

Prohibitions on excessive fines date back at least as far as Magna Carta in 1215, and the U.S. Constitution has barred excessive fines since 1791. […]

The post Episode 9 – Excessive Fines appeared first on Institute for Justice.

On January 22, 2020, the U.S. Supreme Court will hear oral argument in an IJ case, Espinoza v. Montana Dept. of Revenue. At issue is […]

The post Special Episode: Espinoza v. Montana Dept. of Revenue appeared first on Institute for Justice.

If the government is going to take away life, liberty, or property, the due process of law requires it to follow fair procedures. But, according […]

The post Substantive Due Process | Episode 8 appeared first on Institute for Justice.

In 1842, the city of New Orleans prosecuted Father Bernard Permoli, a Catholic priest, for conducting an open casket funeral. A violation of the Free […]

The post Incorporation, the Lack Thereof | Episode 7 appeared first on Institute for Justice.

Before the government can take away your life, liberty, or property, it must first give you due process: fair and meaningful procedure. On this episode, […]

The post Procedural Due Process | Episode 6 appeared first on Institute for Justice.

After the Civil War, what many Americans needed most was protection from violence. That’s what the Equal Protection Clause was meant to guarantee, but today […]

The post Tangled: The Equal Protection Clause | Episode 5 appeared first on Institute for Justice.

[Click here for Episode 1.] In 1873, the Supreme Court said that the Privileges or Immunities Clause protects a right to “use the navigable waters of […]

The post The Navigable Waters | Episode 4 appeared first on Institute for Justice.

[Click here for Episode 1. And click here for Episode 2.] The Privileges or Immunities Clause was meant to be one of the key liberty-protecting […]

The post All But Redacted: The Privileges or Immunities Clause | Episode 3 appeared first on Institute for Justice.

At the close of the Civil War, some 4 million slaves became free. But almost immediately after hostilities ceased, leaders in the ex-Confederate states began […]

The post The Fight for the 14th | Episode 2 appeared first on Institute for Justice.

Name just about any modern constitutional controversy—abortion, civil forfeiture, gun rights, immigration, etc.—and chances are that the Fourteenth Amendment is playing a big part. After […]

The post Before the 14th: John Rock and the Birth of Birthright Citizenship | Episode 1 appeared first on Institute for Justice.