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Qualified immunity frequently arises in civil rights cases, [7] particularly in lawsuits arising under 42 USC § 1983 and Bivens v. Six Unknown Named Agents (1971). [8] 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 ...
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 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 ...
Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), was a case in which the US Supreme Court ruled that an implied cause of action existed for an individual whose Fourth Amendment protection against unreasonable search and seizures had been violated by the Federal Bureau of Narcotics.
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 .
Thompson v. Clark, 596 U.S. ___ (2022), was a United States Supreme Court case concerning whether a plaintiff suing for malicious prosecution must show that they were affirmatively exonerated of committing the alleged crime.
McDonough v. Smith, 588 U.S. ___ (2019), was a United States Supreme Court case from the October 2018 term.In a 6–3 ruling, the Court held that the 3-year statute of limitations for a fabrication of evidence civil lawsuit under section 1983 of the Civil Rights Act begins to run when the criminal case ends in the plaintiff's favor.