The Texas Tech University School of Law Digital Repository

Section 1983 and Municipal Liability: Selected Issues Two Years After Monell v. Department of Social Services

Show simple item record

dc.contributor.author Kramer, Bruce M.
dc.date.accessioned 2011-09-28T21:35:56Z
dc.date.available 2011-09-28T21:35:56Z
dc.date.issued 1980
dc.identifier.citation 12 Urb. Law 232 (1980) en_US
dc.identifier.uri http://hdl.handle.net/10601/1616
dc.description.abstract In Monell v. Department of Social Services the United States Supreme Court embarked on a new trail into the heretofore forbidden realm of municipal liability for the deprivation of constitutional rights of individuals. The opinion, overruling Monroe v. Pape, answered many questions regarding future actions that may be brought against local governmental organizations for their alleged "constitutional torts"; however, the Supreme Court left as many unanswered questions with which the federal and state courts have had to deal in the two-year period since the decision. This article focuses on three of those unanswered questions dealing with the elemental parts of a cause of action under Section 1983: the continued viability of the Bivens cause of action arising directly under the Constitution, the parameters of official policy, rule, custom or usage which falls under the Monell-1983 rubric, and finally, the impact the type of government sued has on the available remedial relief.
dc.language.iso en_US en_US
dc.relation.uri http://www.heinonline.org/HOL/Page?handle=hein.journals/urban12&id=244&collection=journals&index=journals/urban
dc.subject Section 1983 en_US
dc.subject Municipal liability en_US
dc.subject Monell v. Department of Social Services en_US
dc.subject municipal law en_US
dc.title Section 1983 and Municipal Liability: Selected Issues Two Years After Monell v. Department of Social Services en_US
dc.type Article en_US


Files in this item

Files Size Format View
12UrbLaw232.pdf 1.396Mb PDF View/Open

This item appears in the following Collection(s)

Show simple item record

Search ScHOLAR

Browse

My Account