Section 1983 Litigation (Civil Rights Actions)
- ISBN-10
- 1537162381
- ISBN-13
- 9781537162386
- Pages
- 130
- Language
- English
- Published
- 2016-08-20
- Publisher
- Createspace Independent Publishing Platform
- Authors
- Kathryn R. Urbonya, Federal Judicial Federal Judicial Center, Karen M. Karen M. Blum
Description
What is Section 1983? "Section 1983" refers to 42 U.S.C. 1983, the federal statute that enables you to file a civil action for deprivation of constitutional and federal statutory rights by persons acting under "color of law." Originally enacted in 1871, Section 1983 litigation experienced a period of dormancy, until 1961 and the landmark Supreme Court case, Monroe v. Pape, 365 U.S. 167 (1961), which gave private litigants a federal court remedy as a first resort rather than only in default of (or after) state action. Today, Section 1983 actions most commonly involve 1st Amendment issues like freedom of speech; 4th Amendment issues like search and seizure or use of force; 8th Amendment issues like cruel and unusual punishment; and 14th Amendment claims of due process violations."
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