1983 Civil Liberties Violations
Section 1983- This federal statute was established in 1871, originally to deter the public away from post-Civil-war racial violence. Under section 1983 a person has the right to sue anyone else who deprives them of one of their constitutional rights while acting under the color of state law. These can include, but are not limited to violations of – freedom of speech, search and seizure, interrogation, use of force, cruel and usual punishment, and lack of due process. For these reasons section 1983 has become an often used method for suing police.
Monroe v. Pape- Mr. Monroe, an African-American man had his house illegally entered and searched by Chicago police officers without a warrant. The police also didn’t allow Mr. Monroe to contact a lawyer during his interrogation, and illegally detained him at police facilities for 10 hours without being charged. Mr. Monroe was able to sue the police department as they’re employees of the state and denied him of constitutional rights.
Section 1983 can also be used to bring action against other state officials who’ve abused their power by denying constitutional rights such as prison guards, school officials, caseworkers, and any other government employee.
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