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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), 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]
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.
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:
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 ...
Some critics have argued that the Supreme Court's creation of qualified immunity amounts to "gutting" [51] Section 1983 of the United States Code, which allows any citizen to sue a public official who deprives them "of any rights, privileges, or immunities secured by the Constitution and laws". [52]
Pacheco pleaded guilty last July to two counts of deprivation of rights under color of law and two counts of falsifying records. He was sentenced to 12 years and seven months in prison.