Federal Courts

Federal apostrophizes In response to The Civil War congress enacted The Civil Rights Act of 1871 subsequently known as 42 USC § 1983. Section 1983, applicable to the states through the Fourteenth Amendment, runs a genteel remedy for persons who are deprived of constitutionally protected rights by persons acting under the color of law. The 1961 Supreme Court decision, Monroe v. Pape, establishes federal courts as the primary enforcers of federally protected rights by holding, that a person may bring a §1983 swear out in federal court without exhausting state remedies.

For some(prenominal) reasons, as discussed in Justice Frankfurters dissent, the volume opinion in Monroe expanded §1983 beyond the intent of its draftsmen. collar purposes of §1983 where established before Monroe: 1)to override discriminatory state laws; 2)to go forth a remedy when state law is inadequate and 3)to provide a remedy when the state recourse is adequate in theory but not available in practice. In Monroe,...If you want to get a full essay, order it on our website: Ordercustompaper.com

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