Sec. 1983 Action Based on the 4th Amendment

by | Mar 23, 2017

On March 21, 2017, in Manuel v. City of Joliet, 580 U.S. ___ (2017), the United States Supreme Court, in a majority opinion authored by Justice Kagen, ruled that in a Section 1983 action (a federal cause of action for “the deprivation of any rights, privileges, or immunities secured by the Constitution”), a plaintiff can challenge pretrial detention based on the Fourth Amendment to the United States Constitution.  Particularly, a Fourth Amendment challenge can be made by way of a Section 1983 action where there has been a finding of probable cause to hold charges for court by a neutral and detached magistrate where the finding of probable cause is predicated solely on a police officer’s false statements.

Click here to read Manuel in PDF format.

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