Civil Rights Suits Against Law Enforcement

By LandMark Publications

THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues arising in civil rights suits brought against law enforcement officers and governmental entities engaged in law enforcement activities. The selection of decisions spans from 2014 to the date of publication.Section 1983 creates a private right of action against officials who, under color of state law, deprive individuals of their constitutional rights. 42 U.S.C. ? 1983. Brown v. Chapman, (6th Cir. 2016). Section 1983 allows an injured person to seek damages against an individual who has violated his or her federal rights while acting under color of state law." Cillo v. City of Greenwood Village, 739 F.3d 451, 459 (10th Cir. 2013). Pauly v. White, (10th Cir. 2016)."[M]erely private conduct, no matter how discriminatory or wrongful," is not actionable under ? 1983. Olson v. Carmack, (10th Cir. 2016). See also Grapentine v. Pawtucket Credit Union, 755 F. 3d 29 (1st Cir. 2014). [The] color-of-state-law requirement can be established by allegations that a private actor conspired with a state actor, see Dennis v. Sparks, 449 U.S. 24, 29 (1980). Olson v. Carmack, ibid.A Section 1983 claim has two essential elements: (1) violation of a right "secured by the Constitution and laws of the United States" by (2) "a person acting under color of state law." West v. Atkins, 487 U.S. 42, 48 (1988). A suit against persons in their official capacities functions as a suit against the municipal entity itself. See Monell v. Dep't of Soc. Servs., 436 U.S. 658, 690 n.55 (1978). For municipal actors to be acting under color of state law, they must have committed a constitutional violation while acting under an official policy or custom. Id. at 694. Thus, a municipal entity may be held liable only for an act it officially sanctioned or for the actions of an official with final policymaking authority. See City of St. Louis v. Praprotnik, 485 U.S. 112, 122-23 (1988). An official policy can be shown through an official decision or statement or through "the existence of a widespread practice that, although not authorized by written law or express municipal policy, is so permanent and well settled as to constitute a custom or usage with the force of law." Id. at 127 (quotation marks omitted). Goss v. Board of County Commissioners of Creek County, (10th Cir. 2016).

• Format: Paperback
• Language: English
• ISBN: 152073428X
• ISBN13: 9781520734286
• Release Date: March 2017
• Publisher: Independently published
• Length: 538 Pages
• Weight: 1.70 lbs.
• Dimensions: 9.0" x 1.2" x 6.0"