Although actions under § 1983 have traditionally been a federal court remedy, an increasing number of litigants have turned to the state courts to pursue claims under § 1983. In light of this trend, the author presents a comprehensive examination of state court § 1983 actions-focusing on the choice of the state forum as a tactical decision, the power and duty of state courts to hear § 1983 actions, and the specific procedural and remedial issues that will arise in state court § 1983 litigation.
Steven H. Steinglass,
The Emerging State Court § 1983 Action: A Procedural Review,
38 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol38/iss3/3