Search results
Results from the WOW.Com Content Network
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]
Section 1 (42 USC § 1983) [ edit ] 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 ...
Title 42 of the United States Code is the United States Code dealing with public health, social welfare, and civil rights. Parts of Title 42 which formerly related to the US space program have been transferred to Title 51 .
The case was significant because it held that 42 U.S.C. § 1983, a statutory provision from 1871, could be used to sue state officers who violated a plaintiff's constitutional rights. [3] § 1983 had previously been a relatively obscure and little-used statute, but since Monroe it has become a central part of United States civil rights law.
The case was understood to create a cause of action against the federal government similar to the one in 42 U.S.C. § 1983 against the states. However, the Supreme Court has sharply limited new Bivens claims. The Supreme Court has upheld Bivens claims only three times: in Bivens (1971), Davis v. Passman (1979), and Carlson v.
Monell v. Department of Social Services of the City of New York, 436 U.S. 658 (1978) Municipalities can be held liable for violations of Constitutional rights through 42 U.S.C. § 1983 actions. §1983 claims against municipal entities must be based on implementation of a policy or custom. Harris v.
Qualified immunity frequently arises in civil rights cases, [7] particularly in lawsuits arising under 42 USC § 1983 and Bivens v. Six Unknown Named Agents (1971). [8] Under 42 USC § 1983, a plaintiff can sue for damages when state officials violate their constitutional rights or other federal rights. The text of 42 USC § 1983 reads as ...
It was the most prominent in a series of cases which had increased the scope of 42 USC § 1983 in actions against local governments. [14] The decision left open the issue of unequal provision of services according to wealth and for this reason some commentators doubted its wide applicability. [15] [16] The 1976 Supreme Court case Washington v.