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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 ...
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]
Qualified immunity frequently arises in civil rights cases, [6] particularly in lawsuits arising under 42 USC § 1983 and Bivens v. Six Unknown Named Agents (1971). [7] 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 ...
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 ...
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).
Pierson v. Ray, 386 U.S. 547 (1967) Police officers are protected from being sued for civil rights violations under Section 1983 by the doctrine of qualified immunity. Stump v. Sparkman, 435 U.S. 349 (1978) A judge will not be deprived of judicial immunity because the action he took was in error, was done maliciously, or was in excess of his ...
The Enforcement Act of 1871, also known as the Ku Klux Klan Act, is a federal law aimed at combating the violence and intimidation tactics used by the Ku Klux Klan to interfere with the civil rights of African Americans during the Reconstruction era, empowering the federal government to intervene and protect those rights. Section 1 of the Act ...