LibGuides: Federal Pro Se Legal Assistance Program: Research Support: Major Case Types

Typical Clinic Cases

This page provides a jumping off point for some common cases types, with leads to the main statute(s) and some secondary sources. Topics covered will evolve with the clinic.

Section 1983 Civil Rights Claims

Under 42 U.S.C. § 1983, individuals can file a federal civil rights lawsuit against state and local government officials for violating their constitutional rights or federal statutory rights. It provides a procedural mechanism for redress when someone's rights have been infringed upon by a person acting under the "color of state law." A Bivens action is similar but aimed at federal officials.

42 U.S.C.A. § 1983
The annotated version of Section 1983 on Westlaw. Beware that the Notes of Decision (references to interpretive case law supplied by Westlaw editors) are so extensive that they've been broken into multiple documents. See the Context & Analysis tab for references to helpful treatises and other secondary sources. You also can pull the statute on Lexis to read and access their annotations.
Section 1983: Overview (Practical Law)
Excellent overview of elements, definitions, protected rights, statutes of limitations, damages, and more. Be sure to explore Related Content (listed at the bottom) for additional practice notes regarding 1983 actions.
Section 1983: Federal Constitutional Violations against Persons Acting under Color of State Law (Lexis Practical Guidance)
Excellent overview of elements, definitions, protected rights, statutes of limitations, damages, and more. Be sure to explore Related Content (internal links and box on right) for additional 1983 materials.
Bender's Civil Rights Actions (Chapters 7-12E)
Top civil rights treatise, with multiple chapters on 1983 actions generally and in the context of elections, education, law enforcement & prosecution, prisons, employment, and more.
Lexis Civil Rights & Strategy Series: Section 1983 Litigation
Covers the basics of 1983 litigation, including jurisdiction, sovereign immunity, local and individual liability, and remedies.

Housing

MAJOR STATUTES & REGULATIONS

The Fair Housing Act of 1968 (42 U.S.C. §§ 3601–3631)
Westlaw's annotated version of the FHA, which prohibits housing discrimination on the basis of race or color, religion, sex, national origin, familial status, or disability. Browse to read the various sections. Use the Notes of Decisions and Citing References tabs to find interpretive case law and the Context & Analysis tab to find helpful secondary sources. You also can pull the statute on Lexis to read and access their annotations.
HUD Regulations under the FHA
24 CFR contains all of the regulations for the U.S. Department of Housing & Urban Development (HUD). 24 CFR § 100.1 et seq contain the agency's regulations under the FHA.
42 U.S.C.A. § 1981 (Equal rights under the law)
Section 1981 is a common claim in housing discrimination cases as it forbids discrimination on the basis of race or color in contracts. Use the Notes of Decisions and Citing References tabs to find interpretive case law and the Context & Analysis tab to find helpful secondary sources. You also can pull the statute on Lexis to read and access their annotations.
42 U.S.C.A. § 1982 (Property rights of citizens)
Section 1982 claims are common in housing discrimination on the basis of race or color in property rights. Use the Notes of Decisions and Citing References tabs to find interpretive case law and the Context & Analysis tab to find helpful secondary sources. You also can pull the statute on Lexis to read and access their annotations.

SECONDARY SOURCES (A SAMPLING)

Fair Housing Guide for the Pro Bono Attorney and Others (Lexis Practical Guidance)
Guidance for a pro bono/plaintiff's attorney bringing a fair housing claim in federal court. Includes types of actions and procedures, protected classes, disability discrimination, types of injured parties, who may be sued, pleading the case, discovery, and remedies available. See Related Content box for leads to other resources.
Bender's Civil Rights Actions (Chapter 19)
Top civil rights treatise, with chapter and forms on fair housing
Housing Discrimination Law & Litigation
Thorough treatise with analysis of the entire field of housing discrimination law -- from the background of our modern discrimination laws to the most recent fair housing cases and legislation. Focus is on the FHA but also covers Section 1982, the ADA, and other federal and state laws.
Housing Discrimination Practice Manual
Focuses more on procedure than the detailed analysis of substantive law provided by sources such as the Housing Discrimination Law & Litigation treatise above. Explains theories of liability and burdens of proof and takes you step-by-step through the litigation process, including pre-trial strategy.
Overview of Massachusetts Fair Housing Law
Helpful leads for clients that have both federal and Massachusetts state housing discrimination claims, including citations to the major MA statutes, which can be pulled on Lexis and Westlaw for annotations (references to secondary sources and interpretive case law).

Disability

MAJOR STATUTES & REGULATIONS

Americans with Disabilities Act, 42 U.S.C.A. § 12101 et seq.
Westlaw version of the ADA, which prohibits discrimination against individuals with disabilities in many areas of public life, including employment and education. Browse to read the various sections. Use the Notes of Decisions and Citing References tabs to find interpretive case law and the Context & Analysis tab to find helpful secondary sources. You also can pull the statute on Lexis to read and access their annotations.
EEOC Regulations to Implement the ADA
Regulations implementing title I of the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act of 2008 (ADAAA or Amendments Act), requiring equal employment opportunities for individuals with disabilities.
Rehabilitation Act of 1973, 29 U.S.C.A. § 701 et seq.
Westlaw's annotated version of the act, which prohibits discrimination in federal agencies and programs. Section 504 (codified at 29 U.S.C.A. § 794) is one of the major provisions that focuses on the rights of people with disabilities.

SECONDARY SOURCES (A SAMPLING)

Americans with Disabilities: Practice & Compliance Manual
Practical guide for the attorney covering all aspects of the ADA. It also covers the Individuals with Disabilities Education Act (IDEA), the Rehabilitation Act, the Fair Housing Act, and the Civil Rights Act.
Disability Discrimination Under the ADA (Westlaw Practical Law)
Practice note on federal law regarding the definition of a physical or mental disability, employer obligations under the ADA, and protections for individuals who have an actual disability, are perceived as having a disability, have a record of a disability, or associate with someone who has a disability. See Related Content at bottom of note.

Employment

MAJOR STATUTES & REGULATIONS

Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.
Westlaw's annotated version of Title VII, the federal law that prohibits employment discrimination based on race, color, religion, sex, and national origin. See the Notes of Decision & Citing References for interpretive case law, and the Context & Analysis tab for references to helpful secondary sources. You also can pull the statute on Lexis to read and access their annotations.

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Beware that the Notes of Decision (references to interpretive case law supplied by Westlaw editors) are so extensive on some sections, such as § 2000e-2 on unlawful employment practices, that they've been broken into multiple documents.
42 U.S.C.A. § 1981 (Equal rights under the law)
Section 1981 prohibits racial discrimination in the making and enforcement of contracts, including employment contracts. Employees can bring discrimination, harassment, and retaliation claims under this provision.
Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. §§ 621- 634
Prohibits discrimination against individuals 40 years of age or older. See the Notes of Decision & Citing References for interpretive case law, and the Context & Analysis tab for references to helpful secondary sources
Equal Pay Act of 1963 (EPA), 29 U.S.C. § 206(d)
The Equal Pay Act, which amended the Fair Labor Standards Act, protects against wage discrimination based on sex.
EEOC Regulations under Title VII, ADEA, EPA, etc.
The EEOC enforces federal employment discrimination statutes like Title VII. Their regulations, along with guidance on the EEOC's website, should be consulted.
Overview of Workplace Discrimination in Massachusetts
State claims may also be included with federal claims in federal court. Learn about the different kinds of discrimination protection under Massachusetts law.

SECONDARY SOURCES (A SAMPLING)

There are tons of secondary sources on employment law; these are just a few. For more, browse the Practice Area for Labor & Employment on Lexis and Westlaw. You'll find treatises on employment discrimination more broadly, and then more specific ones on topics like age discrimination or the ADA.

Lexis Practical Guidance: Employment Discrimination, Harassment, & Retaliation
Practice notes, templates (form documents), and checklists on various aspects of the major employment discrimination statutes. Browse or search, and filter to U.S. Federal and Massachusetts (if state claims are also involved). Note that many materials are geared toward employer's counsel but still can be useful.
Bloomberg Law: Labor & Employment Reference Library
Browse to find a variety of resources on employment discrimination (including race, age, gender identity & sexual orientation), as well as wages, hours & leave law.
Westlaw Practical Law: Discrimination, Harassment & Retaliation
Search for your keywords to find practice notes and other practitioner-oriented resources that help users understand the various employment discrimination statutes.
Employment Discrimination Laws Comparison Chart (MA and Federal) (Lexis Practical Guidance)
This LPG chart offers a comparative analysis of key provisions in federal discrimination laws and their analogues in Massachusetts state law.
Employment Discrimination Law & Litigation
Treatise that analyzes both substantive workplace discrimination law and litigation issues, including pleadings, discovery, motions to dismiss and for summary judgment, conducting internal investigations, trial strategy and evidence, damages, and more. Covers Title VII, the ADEA, the ADA, FMLA, EPA, Leave Act, § 1981, actions against state and local governments under § 1983, and the Constitution.

Federal Pro Se Legal Assistance Program: Research Support

Clinic Contact Info

Laurel Davis

Typical Clinic Cases

Section 1983 Civil Rights Claims

Housing

Disability

Employment