monroe v. pape is the supreme court case that deals with section 1983 violations.
monroe v. pape is the supreme court case that deals with section 1983 violations.
supreme court case that deals with section 1983 violations?
monroe v. pape
however, the court reversed the lower court's dismissal of the complaint as against the officials. the court concluded that congress "meant to give a remedy to parties deprived of constitutional rights, privileges, and immunities by an official's abuse of his position" under section 1983. furthermore, the federal remedy was available despite illinois constitutional provisions that provided protections similar to those provided by the fourteenth amendment and section 1983. monroe remains good law for the proposition that the "state action" language of section 1983 is satisfied by the actions of any state actor at any level of state government.









































section::::legal consequences.
monroe v. pape
traditionally, section 1983 was of limited use for a state prisoner under sentence of death because the supreme court has held that "habeas corpus", not section 1983, is the only vehicle by which a state prisoner can challenge his judgment of death. in the 2006 "hill v. mcdonough" case, however, the united states supreme court approved the use of section 1983 as a vehicle for challenging a state's method of execution as cruel and unusual punishment in violation of the eighth amendment. the theory is that a prisoner bringing such a challenge is not attacking directly his judgment of death, but rather the means by which that the judgment will be carried out. therefore, the supreme court held in the "hill" case that a prisoner can use section 1983 rather than "habeas corpus" to bring the lawsuit. yet, as clarence hill's own case shows, lower federal courts have often refused to hear suits challenging methods of execution on the ground that the prisoner brought the claim too late and only for the purposes of delay. further, the court's decision in "baze v. rees", upholding a lethal injection method used by many states, has narrowed the opportunity for relief through section 1983.
capital punishment in the united states