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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]
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 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.
The Civil Rights Attorney's Fees Award Act of 1976 is a law of the United States codified in 42 U.S.C. § 1988(b). Often referred to as "Section 1988," this law allows a federal court to award reasonable attorney's fees to a prevailing party in certain civil rights cases.
Qualified immunity frequently arises in civil rights cases, [8] particularly in lawsuits arising under 42 USC § 1983 and Bivens v. Six Unknown Named Agents (1971). [9] Under 42 USC § 1983, a plaintiff can sue for damages when state officials violate their constitutional rights or other federal rights.
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.
42:1983 Civil Rights Act Delphine Allen et al. v. City of Oakland (also known as the Riders Case or Riders Scandal ) was a civil rights lawsuit in Federal District Court regarding police misconduct in Oakland, California which has resulted in ongoing Federal oversight. [ 1 ]
Where a plaintiff wins his or her lawsuit and is considered the "prevailing party," § 1988 acts to shift fees, including expert witness fees at least in certain types of civil rights actions, under the Civil Rights Act of 1991, even if not in § 1983 actions, and to make those who acted as private attorneys general whole again, thus ...