Civil Rights Improvements Act of 1977: Hearings Before the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, Ninety-fifth Congress, Second Session on S. 35 ....U.S. Government Printing Office, 1978 - 766 páginas |
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Términos y frases comunes
abstention abstention doctrine abuse administrative agency alleged appeal applied arrest bill charges Chicago Police Department citizens Civil Rights Act collateral estoppel comity complaint conduct Congress constitutional rights County criminal proceedings criminal prosecution damages decision defendant denied district court doctrine effect employees entity Ex parte Young exclusionary rule exhaustion federal constitutional federal courts federal forum federal rights filed Fourteenth Amendment governmental habeas corpus hearing Imbler immunity individual injunctive relief investigation issue judgment judicial judicial remedies judiciary jurisdiction Justice law enforcement legislation liability litigation ment Monroe municipalities Pachtman pending person plaintiff police brutality Police Department police officers policemen preclusion problem procedures prosecutor prosecutorial immunity protection question remedies res judicata Rizzo rule Section 1983 action section 1983 suits Senator MATHIAS Senator METZENBAUM statute subcommittee Supp supra note Supreme Court tion trial unconstitutional United vicarious liability victim violation Younger
Pasajes populares
Página 333 - Every person who, under color of any statute, ordinance, regulation, custom or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
Página 708 - Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States...
Página 545 - A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.
Página 707 - As is so often the case, the answer must be found in a balance between the evils inevitable in either alternative. In this instance it has been thought in the end better to leave unredressed the wrongs done by dishonest officers than to subject those who try to do their duty to the constant dread of retaliation.
Página 681 - That if the existence of the nuisance be established in an action as provided in this Act, or in a criminal proceeding, an order of abatement shall be entered as a part of the judgment in the case...
Página 686 - It is of course conceivable that a statute might be flagrantly and patently violative of express constitutional prohibitions in every clause, sentence and paragraph, and in whatever manner and against whomever an effort might be made to apply it.
Página 440 - ... fees in public interest litigation in the absence of express congressional authorization. Initially the public interest bar was subsidized by foundations and in part by cause organizations, such as the American Civil Liberties Union and the National Association for the Advancement of Colored People.
Página 761 - That any person who, under color of any law, statute, ordinance, regulation, custom, or usage of any State, shall subject, or cause to be subjected, any person within the jurisdiction of the United States...
Página 743 - In considering this question, then, we must never forget that it is a constitution we are expounding.
Página 330 - Moreover, our holding that the exclusionary rule is an essential part of both the Fourth and Fourteenth Amendments is not only the logical dictate of prior cases, but it also makes very good sense. There is no war between the Constitution and common sense. Presently, a federal prosecutor may make no use of evidence illegally seized, but a State's attorney across the street may, although he supposedly is operating...