Cause of Action Constitutional Law Court Rules 
Constitutional Law Reporter
FEBRUARY 28, 2024
As Justice Gorsuch explained, the Court has found a clear waiver of sovereign immunity in just two situations. The second is when a statute creates a cause of action and explicitly authorizes suit against a government on that claim. government. agency,” §1681a(b), and that applies to the entire Act.
Constitutional Law Reporter
MARCH 9, 2021
S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v.
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Constitutional Law Reporter
SEPTEMBER 15, 2021
The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations. The District Court ruled that all class members had Article III standing on each of the three statutory claims. Congress may enact legal prohibitions and obligations.
Constitutional Law Reporter
APRIL 10, 2024
Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The District Court found that because Freed managed his Facebook page in his private capacity, and because only state action can give rise to liability under §1983, Lindke’s claim failed. In Lindke v.
JonathanTurley
SEPTEMBER 9, 2021
Free speech has always held a precarious position in Australia which does not have an equivalent to the First Amendment in guaranteeing free speech as a constitutional right. Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. America Online, Inc.,
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