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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 ...
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.
Following the dismissal of his criminal charges, Thompson filed suit against the officers responsible for arresting him under 42 U.S.C. § 1983 and alleging, among other things, that he had been maliciously prosecuted in violation of his Fourth Amendment rights, which provided the right against unlawful seizures.
The Bill of Rights in the National Archives. The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights.It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be ...
Warrantless searches are searches and seizures conducted without court-issued search warrants.. In the United States, warrantless searches are restricted under the Fourth Amendment to the United States Constitution, part of the Bill of Rights, which states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not ...
United States, 466 U.S. 170 (1984), is a United States Supreme Court decision relating to the open fields doctrine limiting the Fourth Amendment to the United States Constitution. Background [ edit ]
The court noted that balancing of Fourth Amendment interests through "probable cause" and "extraordinary" circumstances had been delineated in Terry v. Ohio, 392 U.S. 1 (1968). Given the choice to abandon or abridge the requirement of probable cause for arrest in the case of fine-only misdemeanors, the court ruled that the Fourth Amendment ...
Florida v. Royer, 460 U.S. 491 (1983), was a U.S. Supreme Court case dealing with issues involving the Fourth Amendment. Specifically, the case establishes a firm line in cases where police conduct search and seizure without a warrant. The court ruled that, while it is legal for authorities to target and approach a person based on their ...