NCJ Number
38473
Journal
Virginia Law Review Volume: 62 Issue: 7 Dated: (NOVEMBER 1976) Pages: 1259-1283
Date Published
1976
Length
25 pages
Annotation
IN THIS 1976 CASE, THE SUPREME COURT DENIED INJUNCTIVE RELIEF UNDER SECTION 1983 AGAINST LOCAL POLICE OFFICIALS WHO FAILED TO CORRECT THEIR SUBORDINATE OFFICERS' VIOLATIONS OF CONSTITUTIONAL RIGHTS.
Abstract
THIS COMMENT ANALYZES THE COURT'S THREE BASES FOR ITS DECISION: THAT THE INDIVIDUAL RESPONDENTS AND THE PETITIONING OFFICIALS LACKED A CASE OR CONTROVERSY BETWEEN THEM SUFFICIENTLY DIRECT TO SUPPORT A CLAIM TO INJUNCTIVE RELIEF; THAT SECTION 1983 DID NOT EXTEND TO STATE OFFICIALS WHO DO NOT ACTIVELY PROMOTE CIVIL RIGHTS VIOLATIONS; AND THAT PRINCIPLES OF RESTRAINT AND FEDERALISM BARRED THE MASSIVE INTERFERENCE IN POLICE OPERATIONS REQUIRED BY THE DISTRICT COURT'S INJUNCTION. THE AUTHOR NOTES THAT RIZZO IS A PRODUCT OF THE BURGER COURT'S DISPOSITION TO TEST ALL VARIETIES OF LITIGATION AGAINST STATE OFFICIALS AGAINST A REVIVED AND EXPANDING DOCTRINE OF FEDERALISM. IT IS CONCLUDED THAT RIZZO MAY BAR EFFECTIVE JUDICIAL REMEDIES AGAINST POLICE MISCONDUCT IN SITUATIONS WHERE RELIEF AGAINST INDIVIDUAL OFFICERS WOULD BE INADEQUATE.