IX. Conclusion

LibrarySword and Shield: A Practical Approach to Section 1983 Litigation (ABA) (2015 Ed.)

IX. CONCLUSION

As this review of § 1983 litigation in the state courts suggests, § 1983 litigation is no longer exclusively the province of the federal courts. And that is how it should be in a system of judicial federalism. As former Justice William Brennan, himself a former state court judge, once observed, "One of the strengths of our federal system is that it provides a double source of protection for the rights of our citizens."402 In part, this means that state courts should pay close attention to...

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