Texas Tech School of Law Journals
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Browsing Texas Tech School of Law Journals by Subject "1983"
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Item Shopkeepers Who Foster Arrests of Suspected Shoplifters Pursuant to a Preconceived Plan With the Police Are Acting Under Color of State Law Within the Meaning of 42 U.S.C. § 1983(Texas Tech Law Review, 1976) Little, Betty HarbinExamines the United States Court of Appeals for the Fifth Circuit’s case Smith v. Brookshire Brothers. In Smith, the court established that shopkeepers who detain a suspected shoplifter, in connection with a pre-established plan with law enforcement, are acting under the color of law and thus may violate the plaintiff’s civil rights protected by 42 U.S.C. § 1983. The author comments that this decision increases shopkeepers’ liability, and suggests that shopkeepers avoid such arrangements with police.Item Sovereign Immunity and the Private Holder of an Open-Enrollment Charter(Texas Tech Journal of Texas Administrative Law, 2003) Thompson, JimThis article offers an illustrative example of the issues presented by private charter school holders. It deals exclusively with Texas Educational Code § 12.1056. It explains who is granted immunity under § 12.1056, and how those individuals or entities are protected, and it looks prospectively at its application. It discusses common law immunity compared to statutory immunity for open-enrollment charter schools, Richardson v. McKnight and other analogous cases, liability for torts and § 1983 claims, and qualified immunity for torts.