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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]
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 ...
Pape, 365 U.S. 167 (1961), was a United States Supreme Court case that considered the application of federal civil rights law to constitutional violations by city employees. 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 ...
The most important of these is section 1979 of the Revised Statutes (42 U.S.C. § 1983) entitled as 'Civil action for deprivation of rights'. It is the most widely used civil rights enforcement statute, allowing people to sue in civil court over civil rights violations.
After the American Civil War, Congress amended the Constitution to include the 13th, 14th, and 15th Amendments. To enforce the new provisions, Congress in 1871 passed the Ku Klux Klan Act, which created Section 1983 that allows civilians to sue government actors who deny or violate their civil rights. [4] [5] However, in Pierson v.
In the time since its passing, Section 1983 has become the most widely used civil rights enforcement statute. In Haywood v. Drown, the Supreme Court held that Section 1983 suits may be heard in either state or federal courts. The laws of Alabama provide for an unemployment compensation benefits scheme. Any Alabama resident seeking such benefits ...
WASHINGTON (Reuters) -The state of Oklahoma is violating federal law by unnecessarily committing people with mental illness and drug abuse disorders to psychiatric hospitals, the U.S. Justice ...
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: