IMPACT OF 42 U.S.C. SECTION 1983 (CIVIL RIGHTS ACT) ON HIGHWAY DEPARTMENTS, PERSONNEL, AND OFFICIALS

State highway departments and transportation agencies have a continuing need to keep abreast of operating practices and legal elements of specific problems in highway law. This report was written to aid administrators, engineers, attorneys and other department personnel who have the responsibility to deal with employees, the public, contractors and vendors to ensure that their constitutional rights are protected. The report will be especially helpful to State Attorneys who must advise department administrators and other personnel on civil rights claims or legal actions. It is a new study that will be published in a future addendum to "Selected Studies in Highway Law." The contents are as follows: (I) Introduction; (II) The Historical Perspective: Section 1983 -- A Reconstruction Era Remedy; (III) Elements of a Section 1983 Claim; (IV) Remedies; (V) Section 1983 Immunities; (VI) Other Defenses; (VII) Procedural Aspects of Section 1983 Actions; (VIII) 1983 Decisions Involving Highway Departments, Personnel, and Officials; and (IX) Conclusions.

• Record URL:
  • http://onlinepubs.trb.org/onlinepubs/nchrp/docs/nchrp_lrd_11.pdf
• Supplemental Notes:
  • Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.
• Corporate Authors:

  Transportation Research Board

  500 Fifth Street, NW
  Washington, DC  United States  20001
• Authors:
  • Merriam, D H
  • Propst, C L
• Publication Date: 1990-5

Media Info

• Media Type: Digital/other
• Pagination: 21 p.
• Serial:
  • NCHRP Legal Research Digest
  • Issue Number: 11
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Civil rights; Highway law; History; Immunity (Law); Insurance claims; Judicial processes; Laws; Legal action; Legal documents; Loss and damage claims; Personnel; State departments of transportation
• Old TRIS Terms: Legal defense; Remedies; Statute cases
• Subject Areas: Administration and Management; Highways; History; Law; Society; I10: Economics and Administration;

Filing Info

• Accession Number: 00495661
• Record Type: Publication
• Files: TRIS, TRB
• Created Date: Jul 31 1990 12:00AM