Monroe v. Pape 365 U.S. 167 (1961)

• Author: Theodore Eisenberg
• Pages: 1754

Page 1754

This case, a fountainhead of modern CIVIL RIGHTS doctrine, arose out of an unconstitutional search conducted by Chicago police officers. The victim sought damages in an action brought under SECTION 1983, TITLE 42, UNITED STATES CODE, which authorizes suits for deprivations, under COLOR OF LAW, of rights, privileges, or immunities secured by the Constitution and laws of the United States. Monroe settled that section 1983 protects all FOURTEENTH AMENDMENT rights and not merely those narrowly defined rights that the SLAUGHTERHOUSE CASES (1873) found to be protected by the Fourteenth Amendment's PRIVILEGES AND IMMUNITIES clause. Early litigation under section 1983 had suggested possible links between the scope of the privileges and immunities clause and the rights protected by section 1983. Monroe also confirmed earlier holdings in federal civil rights cases that the phrase "under color of" law in section 1983 includes official acts not authorized by state...