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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]
[1] 42 U.S.C. § 1983 was also meant to give a remedy to parties deprived of constitutional rights, privileges, and immunities by an official's abuse of his position, as the federal remedy was supplementary to any state remedy, and the latter need not have been first sought and refused before the federal one was invoked.
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.
The Commission is mandated under section 13 of the CPCR Act, 2005 "to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms align with the Child Rights perspective as enshrined in the Constitution of India and the UN Convention on the Rights of the Child."
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 ...
This law, brought in compliance of the 1989 UN Convention on the Rights of the Child (UNCRC), repealed the earlier Juvenile Justice Act of 1986 after India signed and ratified the UNCRC in 1992. In the wake of Delhi gang rape (16 Dec 2012), the law suffered a nationwide criticism owing to its helplessness against crimes where juveniles get ...
The Commission is entrusted with matters on child rights including protection of children from cruelty, abuse, exploitation, substance abuse, disability discrimination, and their right to education, health, play, and enforcement of legal protection. [3] DCPCR launched Child Rights Fellowship in collaboration with Ashoka University [4]
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.