David Rohlfing (University of Pittsburgh - School of Law) has posted Full Faith and Credit and Section 1983 (University of Pittsburgh Law Review, Vol. 75, No. 1, 2013) on SSRN. Here is the abstract:
-
This paper addresses whether the Full Faith and Credit Clause of the United States Constitution confers a right that is vindicable under Section 1983, a statute that provides recourse for individuals whose civil rights have been violated by state action or actors. The focus is on whether a state executive actor who, under state law, has authority to recognize out-of-state judgments violates the Clause by failing to do so, and may be compelled to act by a § 1983 suit. While members of the judiciary are generally both charged with recognition of out-of-state judgments and not subject to suit under the statute, this same standard should not apply to executive branch members who have been statutorily delegated traditionally judicial tasks. Because it is becoming more and more common for an executive actor to have the responsibility of judgment recognition, it is important that there is a remedy where this important constitutional right is violated. The paper reviews circumstances that counsel in favor of § 1983 being a remedy for executive failure to afford credit to out-of-state judgments, and argues that the Clause does create a right vindicable under the statute.
