Congressional Digest

Supreme Court Debates February 2010 No. 2 Vol. 13
Prosecutorial Immunity

Prosecutorial Immunity

Suing State Officials for Civil Rights Violations

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Excerpt

In the Civil Rights Act of 1871 (also known as the Ku Klux Klan Act), Congress gave individuals a means of seeking restitution in Federal courts for discriminatory conduct by State employees acting in their official capacities. As codified in 42 U.S. Code Section 1983, the law gave the victims of race, sex, religion, or citizenship discrimination a new legal remedy to pursue when their State’s judicial system was unresponsive.
In the 1961 case Monroe v. Pape, however, the U.S. Supreme Court expanded the law’s scope to include State actors who infringed on an individual’s civil rights in violatio…

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