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Federal Liability Law - Essay Example

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This Civil Act was passed by the Congress to defend the African Americans from the violence executed by the Ku Klux Klan which was a White Supremacist Group. In opposition to the Civil Act of…
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Federal Liability Law
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They also started destroying the properties of the Black Americans so that they can accomplish their objections and influence the forthcoming elections. Moreover, they started discriminating in the registration of voting on the basis of color and race. In order to stop the violence of the Ku Klux Klan Act, President Ulysses Grant took power in his hands and implemented the Civil Act of 1871 against the southerners on April 20, 1871. President Ulysses Grant made use of his power and sent federal troops to the south to stop the harassment and slaughtering of the Black Americans.

During his period many supporters of the Ku Klux Klan Act were under arrest and prisoned for the massacres they had committed. He also had forbidden discrimination on the basis of color and caste (Kappeler, 2006). According to the section of 1983, if any police officer, government officer, mayor or municipality violates any constitutional law then he will be sued by the citizens. In the past the government and the municipalities could not be sued under the law because they enjoyed immunity. According to the section of 1983, the state enjoys immunity but the municipality and other government parties do not.

The Supreme Court has developed various tests to check whether the conduct constitutes the state or the private action of the state officer. These tests include the public function test, the nexus test and the state compulsion test. A policy was established by plaintiff to create municipal liability for the conduct of the police officer. In order to establish municipal liability a police officer must violate a constitutional right. According to the Supreme Court, the failure to train results in deliberate differences.

The concept deliberates that indifferences exist when police officers come in contact with the rights of the people. Therefore various steps were taken by the Supreme Court to reduce the deliberate differences. Training programs

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