Search results
Results from the WOW.Com Content Network
Section 1 of the Act, which has since been amended and codified as section 1979 of the Revised Statutes (42 U.S.C. § 1983) and is also known simply as "Section 1983", authorized monetary and injunctive relief against anyone who, acting under the authority of state law, deprived a person of rights guaranteed by the U.S. Constitution or federal ...
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 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.
After the American Civil War, Congress amended the Constitution to include the 13th, 14th, and 15th Amendments. To enforce the new provisions, Congress in 1871 passed the Ku Klux Klan Act, which created Section 1983 that allows civilians to sue government actors who deny or violate their civil rights. [4] [5] However, in Pierson v.
The Court also held that a merely negligent deprivation of property under color of state law was actionable under 42 U.S.C. § 1983. This holding was mostly overruled by Daniels v. Williams in 1986, which held that a 1983 action only lies for an intentional deprivation of rights.
A bipartisan majority of Americans believe the government is uncaring and unresponsive, and polls suggest that bipartisan solutions on the biggest issues of our time are right in front of our eyes ...
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: