Constitutional Damages and Corrective Justice: A Different View

Abstract

SECTION 19831 is a federal statute which creates a fourteenth amendment action for damages against state and local government officials and local governments themselves.2 Over the years, its scope and coverage have increased dramatically, due in large measure to its broad language and to changes in fourteenth amendment doctrines relating to state action and incorporation.3 These developments have generated a great deal of controversy and have led to increased judicial reluctance to continue in this direction.4 Such reluctance can be seen in recent Supreme Court caselaw either refusing to expand, or