In his Section 1983 Litigation column, Martin A. Schwartz, a professor at Touro Law Center, writes that in some §1983 constitutional actions constitutional causation principles may diverge from the common-law causation principles. Sometimes the divergence favors the plaintiff and sometimes the defendant. In either case the parties and the district judge must ensure that the causation instructions reflect the governing constitutional principles.
Clarifying Causation in Section 1983 Actions
New York Law Journal
October 30, 2013