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Federal Practice Manual for Legal Aid Attorneys: 2.8.3 Doctrinal Foundations

The Supreme Court limited the ability of federal courts to enjoin or otherwise to interfere with state judicial proceedings in Younger v. Harris and subsequent decisions. In Younger, plaintiffs sought a federal injunction against a state criminal prosecution on the ground that the state statute alleged to have been violated was unconstitutionally vague. The Court held that such an injunction could be granted only in extraordinary circumstances to prevent immediate irreparable injury.

Federal Practice Manual for Legal Aid Attorneys: 8.3.2 No Governmental “Respondeat Superior” Liability

Local governments are not liable for injuries inflicted solely by employees or agents unless it is the execution of the government’s policy or custom that inflicts the injury, triggering liability.4224 Monell clearly rejected respondeat superior liability for local governments, reasoning that “the touchstone of the § 1983 action against a government body is an allegation that official policy is responsible for a deprivation of rights[.]”4225 It further held that a governmen

Federal Practice Manual for Legal Aid Attorneys: 8.3.3 Liability for Acts of Final Policymakers

Even a single decision made by the “final policy making authority,” such as the governing body of a local government or one having the power to decide finally on its behalf, can constitute a “policy” under § 1983.4232 However, “the scope of § 1983 liability does not permit such liability to be imposed merely on evidence of the wrongful actions of a single city employee not authorized to make city policy.”4233 Therefore, it is critical to identify who is a final policy maker for purposes of i

Federal Practice Manual for Legal Aid Attorneys: 8.3.5 Municipal Liability for Employees Sued in Official Capacities

A local government official sued in their official capacity is a “person” suable under § 1983, where “a local government would be suable in its own name.”4263 An official capacity suit “is not a suit against the official personally, for the real party in interest is the entity.”4264 Official-capacity suits “‘generally represent only another way of pleading an action against an entity of which an officer is an agent.’”4265 It is no lo

Federal Practice Manual for Legal Aid Attorneys: 8.3.7 Punitive Damages

Governmental defendants are immune from a claim of punitive damages for the bad faith actions of their employees.4287 Punitive damages are available in a § 1983 action against an individual defendant “when the defendant’s conduct is shown to be motivated by evil motive or intent, or when it involves reckless or callous indifference to the federally protected rights of others.”4288 However, because the government — already potentially liable for awards of actual damages – should not be punish

Federal Practice Manual for Legal Aid Attorneys: 9.1.1 Compensatory Damages

Compensatory damages "are intended to redress the concrete loss that the plaintiff has suffered by reason of the defendant's wrongful conduct."4315 In the case of a § 1983 claim, the harm must have been caused by a denial of the client’s constitutional rights though nominal damages can be recovered for such a denial absent proof of actual injury.4316 A plaintiff may be compensated for intangible, psychological injuries as well as for financial, property, or physical harms proximately caused

Automobile Fraud: Introduction

This appendix is a state-by-state analysis of state statutes relating to automobile fraud. It includes summaries of state statutes covering:

Automobile Fraud: IDAHO

State Odometer Statute: Idaho Code §§ 49-1610, 49-1629 to 49-1630

Prohibited acts: (1) Remove or alter any odometer repair notice affixed to a vehicle with intent to defraud; (2) Disconnect, turn back or reset an odometer with intent to reduce mileage indicated; (3) Sell a vehicle with knowledge that the odometer has been turned back or replaced, without so notifying the buyer prior to sale; (4) Advertise for sale, sell, use or install any device which causes an odometer to inaccurately register mileage driven.

Automobile Fraud: ILLINOIS

State Odometer Statute: 625 Ill. Comp. Stat. § 5/3-112.1; 720 Ill. Comp. Stat. § 5/17-11

Prohibited acts: (1) Disconnect, reset or alter an odometer, or cause an odometer to be disconnected, reset or altered with intent to defraud and with intent to conceal or change the actual miles driven; (2) For any transferor to make an inaccurate or untruthful odometer statement when executing a transfer of title.

Automobile Fraud: MAINE

State Odometer Statute: Me. Stat. tit. 29-A, §§ 752, 2106

Prohibited acts: (1) Failure to comply with the disclosure regulations of the federal Truth in Mileage Act of 1986 and rules; (2) Disconnect, change or tamper with an odometer with intent to misrepresent or change mileage indicated; (3) Intentionally offer for sale a vehicle whose odometer indicates different mileage than actually driven without disclosing the odometer’s inaccurate reading; (4) Remove or alter an odometer repair notice.

Automobile Fraud: MASSACHUSETTS

State Odometer Statute: Mass. Gen. Laws ch. 266, §§ 141, 141A

Prohibited acts: (1) Advertise for sale, sell, use, install or have installed any device which causes an odometer to inaccurately register mileage driven; (2) Reset or alter an odometer with intent to change mileage indicated; (3) Operate a vehicle knowing the odometer is disconnected or nonfunctional, with intent to defraud; (4) Turn back or readjust an odometer with intent to misrepresent to a prospective purchaser actual mileage driven.

Automobile Fraud: MICHIGAN

State Odometer Statute: Mich. Comp. Laws § 257.233a

Prohibited acts: (1) Alter, set back or disconnect an odometer, or cause or allow an odometer to be altered, set back or disconnected; (2) Advertise for sale, sell, use, install or cause or allow to be installed any device which causes an odometer to incorrectly register mileage driven; (3) Remove or alter an odometer repair notice.

Automobile Fraud: MISSISSIPPI

State Odometer Statute: Miss. Code Ann. §§ 63-7-201 to 63-7-209

Prohibited acts: (1) Advertise for sale, sell, use or install any device which causes an odometer to incorrectly register mileage driven; (2) Operate a vehicle knowing the odometer is disconnected or nonfunctional, with intent to defraud; (3) Disconnect, turn back, reset or alter an odometer or cause an odometer to be disconnected, reset or altered with intent to reduce mileage indicated; (4) Remove or alter an odometer repair notice.