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Monell v. Department of Social Services, 436 U.S. 658 (1978), is an opinion given by the United States Supreme Court in which the Court overruled Monroe v. Pape by holding that a local government is a "person" subject to suit under Section 1983 of Title 42 of the United States Code: Civil action for deprivation of rights. [1]
Los Angeles County v. Humphries, 562 U.S. 29 (2010), is a decision by the Supreme Court of the United States that clarified one of the requirements for imposing liability on a municipality for violations of a federal right, in lawsuits brought under Section 1983 of the Civil Rights Act of 1871 (codified at 42 U.S.C. § 1983).
The Court concluded that Congress "meant to give a remedy to parties deprived of constitutional rights, privileges, and immunities by an official's abuse of his position" under section 1983. Furthermore, the federal remedy was available despite Illinois constitutional provisions that provided protections similar to those provided by the ...
Some critics have argued that the Supreme Court's creation of qualified immunity amounts to "gutting" [50] Section 1983 of the United States Code, which allows any citizen to sue a public official who deprives them "of any rights, privileges, or immunities secured by the Constitution and laws". [51]
Section 1 of the Act, which has since been amended and codified as section 1979 of the Revised Statutes (42 U.S.C. § 1983) and is also known simply as "Section 1983", authorized monetary and injunctive relief against anyone who, acting under the authority of state law, deprived a person of rights guaranteed by the U.S. Constitution or federal ...
Pierson v. Ray, 386 U.S. 547 (1967), was a United States Supreme Court case in which the Court first introduced the justification for qualified immunity for police officers from being sued for civil rights violations under Section 1983, by arguing that "[a] policeman's lot is not so unhappy that he must choose between being charged with dereliction of duty if he does not arrest when he had ...
The Court of Claims, relying on a judgment in Will's favor by the Michigan Civil Service Commission, found that the police department and the director were "persons" within the meaning of 42 U.S.C. § 1983 and that the denial of the promotion was a violation of the Constitution of the United States. Section 1983 provides:
United States v. Windsor, 570 U.S. 744 (2013) Section 3 of the Defense of Marriage Act (1 U.S.C. § 7), which defines—for federal law purposes—the terms "marriage" and "spouse" to apply only to marriages between one man and one woman, is a deprivation of the equal liberty of the person protected by the Due Process Clause of the Fifth Amendment.