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]
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 ...
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 ...
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.
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 ...
Rule 56(e) of the Federal Rules of Civil Procedure, 42 U.S.C. §1983 Adickes v. S. H. Kress & Co. , 398 U.S. 144 (1970), was a United States Supreme Court case where the majority ruling, written by Justice Harlan , asserted that the burden of showing a lack of factual controversy rests upon the party asserting the summary judgment .
Volumes of the United States Reports. The United States Reports (ISSN 0891-6845) are the official record (law reports) of the Supreme Court of the United States.They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner (the losing party in lower courts) and by the name of the respondent (the prevailing party below), and ...
United States Reports, the official reporter of the Supreme Court of the United States. Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported.