[DOWNLOAD] "Santiago v. New York State Department of Correctional Services and Dr. Melvin J. Steinhart" by United States Court of Appeals for the Second Circuit * Book PDF Kindle ePub Free

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eBook details

• Title: Santiago v. New York State Department of Correctional Services and Dr. Melvin J. Steinhart
• Author : United States Court of Appeals for the Second Circuit
• Release Date : January 10, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 80 KB

Description

This case presents the novel issue of whether an action for damages based on a states past deprivations of Fourteenth Amendment guarantees may be brought directly against a state under Section 1 of the Fourteenth Amendment, despite the traditional bar of Eleventh Amendment state immunity. Although a statutory civil rights damage action against a state alleging past Fourteenth Amendment deprivations is barred by the Eleventh Amendment, the question arises whether an action may nonetheless proceed directly under Section 1 of the Fourteenth Amendment since the Fourteenth Amendment was adopted subsequent to the Eleventh and imposes affirmative due process and equal protection obligations of the states through Section 1s self-executing substantive provisions.

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