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Civil Rights Suits Against Law Enforcement Paperback – March 2, 2017

by LandMark Publications (Author)
4.6 4.6 out of 5 stars 6 ratings
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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).
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  1. Print length
    538 pages
  2. Language
    English
  3. Publication date
    March 2, 2017
  4. Dimensions
    6 x 1.22 x 9 inches
  5. ISBN-10
    152073428X
  6. ISBN-13
    978-1520734286
  7. See all details
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  • Publisher ‏ : ‎ Independently published (March 2, 2017)
  • Language ‏ : ‎ English
  • Paperback ‏ : ‎ 538 pages
  • ISBN-10 ‏ : ‎ 152073428X
  • ISBN-13 ‏ : ‎ 978-1520734286
  • Item Weight ‏ : ‎ 1.7 pounds
  • Dimensions ‏ : ‎ 6 x 1.22 x 9 inches
  • Customer Reviews:
    4.6 4.6 out of 5 stars 6 ratings

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LandMark Publications

LandMark Publications

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LandMark Publications publishes casebooks for law professionals. Use our casebooks to build on your expertise, stay abreast of developments or gain insights from a new area of law.

LandMark Publications titles are available at special quantity discounts to use as premiums and sales promotions or for use in educational and training programs.

For information about special discounts for bulk purchases, please contact us at landmarkpx@live.com.

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4.6 out of 5 stars
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Sherry
4.0 out of 5 stars The only complaint
Reviewed in the United States on January 8, 2024
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The typeset is SMALL! This was a gift and the person said he hasn't read it yet because the print was the smallest he's ever seen He is a doctor so he is use to reading. He will buy some magnifying glasses. Just be aware that you may need a magnifying glass.
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