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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 ...
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]
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:
In his Section 1983 Litigation column, Martin A. Schwartz continues his analysis of cases involving the use of Tasers. He writes: The critical Fourth Amendment issue is whether, under the totality ...
The Enforcement Act of 1871 (17 Stat. 13), also known as the Ku Klux Klan Act, Third Enforcement Act, [1] Third Ku Klux Klan Act, [2] Civil Rights Act of 1871, or Force Act of 1871, [3] is an Act of the United States Congress that was intended to combat the paramilitary vigilantism of the Ku Klux Klan.
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).
He was born in Florida and no matter who his parents were at the time of his birth, thanks to the 14th Amendment, which created "birthright citizenship," he'd be considered a "natural born citizen."
The Court also held that a merely negligent deprivation of property under color of state law was actionable under 42 U.S.C. § 1983. This holding was mostly overruled by Daniels v. Williams in 1986, which held that a 1983 action only lies for an intentional deprivation of rights.