Monroe v. Pape
Encyclopedia
Monroe v. Pape, , was a United States Supreme Court case that considered the application of Federal Civil Rights law to constitutional violations by city employees.
, Illinois broke into the residence of the Monroe family. The officers roused the parents from their bed and made them stand naked in the living room while other officers ransacked every room of the house, emptying drawers and ripping mattress covers. Mr. Monroe was then taken to the police station and interrogated concerning a two-day-old murder
case. He was not allowed to make any telephone calls or to contact a lawyer during his interrogation. He was not charged and was finally released. The police had not acted under authority of a search warrant
or an arrest warrant
when making the raid.
Plaintiffs Monroe (six African American
children and their parents) sued the police officers and the City of Chicago for violating their civil rights under §1983.
The City of Chicago moved to dismiss the complaint on the ground that it could not be held liable under the Civil Rights Acts
for acts committed in performance of its governmental functions.
This aspect of Monroe was later partially overruled in Monell v. Department of Social Services of the City of New York, which held that local governments could face liability in federal court for violating individuals' constitutional rights if the official committed the violation pursuant to a policy or custom of the local government.
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.
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.
Background
Nine police officers of the City of ChicagoChicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
, Illinois broke into the residence of the Monroe family. The officers roused the parents from their bed and made them stand naked in the living room while other officers ransacked every room of the house, emptying drawers and ripping mattress covers. Mr. Monroe was then taken to the police station and interrogated concerning a two-day-old murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
case. He was not allowed to make any telephone calls or to contact a lawyer during his interrogation. He was not charged and was finally released. The police had not acted under authority of a search warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
or an arrest warrant
Arrest warrant
An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.-Canada:Arrest warrants are issued by a judge or justice of the peace under the Criminal Code of Canada....
when making the raid.
Plaintiffs Monroe (six African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
children and their parents) sued the police officers and the City of Chicago for violating their civil rights under §1983.
The City of Chicago moved to dismiss the complaint on the ground that it could not be held liable under the Civil Rights Acts
Civil Rights Act of 1875
The Civil Rights Act of 1875 was a United States federal law proposed by Senator Charles Sumner and Representative Benjamin F. Butler in 1870...
for acts committed in performance of its governmental functions.
Opinion of the Court
The Supreme Court dismissed the complaint against the city itself, finding that Congress had not intended the word "person" in section 1983 to apply to municipalities.This aspect of Monroe was later partially overruled in Monell v. Department of Social Services of the City of New York, which held that local governments could face liability in federal court for violating individuals' constitutional rights if the official committed the violation pursuant to a policy or custom of the local government.
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.
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.