Policy

Right to Pursue § 1983 Claims Resolution (2020)

Short Name: Right to Pursue § 1983 Claims Resolution
Year Adopted: 2020
Meeting Where Adopted: Mid-Year
Policy Number: 2020 MY 10D
Subjects: Death Penalty, Post-Conviction/Habeas Corpus, Civil Rights

Resolution Text:

RESOLVED, That the American Bar Association supports an interpretation that the relationship of federal habeas corpus and federal civil rights law permit an individual who is ineligible for federal habeas corpus relief to bring a civil rights claim pursuant to 42 U.S.C. § 1983 for civil rights violations associated with the criminal process leading to a criminal conviction; and

FURTHER RESOLVED, That the American Bar Association urges the United States Congress to amend 42 U.S.C. § 1983 to make explicit that an individual who is not eligible for federal habeas corpus relief may bring a civil rights claim pursuant to 42 U.S.C. § 1983 for civil rights violations associated with the criminal process leading to a criminal conviction.

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