NCJ Number
14988
Journal
George Washington Law Review Volume: 42 Issue: 4 Dated: (MAY 1974) Pages: 850-868
Date Published
1974
Length
19 pages
Annotation
SOME SUGGESTED RATIONALES TO SUPPORT FEDERAL JURISDICTION IN ACTIONS CLAIMING MONETARY DAMAGES FOR VIOLATION OF FOURTH AMENDMENT SEARCH AND SEIZURE PROVISIONS.
Abstract
IT IS SUGGESTED THAT REGARDLESS OF WHETHER THE MUNICIPALITY ENJOYS IMMUNITY FROM LIABILITY FOR THE TORTS OF ITS AGENTS UNDER LOCAL LAW, A FEDERAL COURT HAS JURISDICTION TO HEAR THE CASE PURSUANT TO 28 U.S.C. SECTION 1331 (A), THE GENERAL FEDERAL QUESTION JURISDICTION STATUTE. THE SUPREME COURT'S RATIONALE IN 'BIVENS V. SIX UNKNOWN NAMED AGENTS OF FEDERAL BUREAU OF NARCOTICS,' WHEREIN THE COURT RECOGNIZED A RIGHT OF RECOVERY AGAINST A FEDERAL AGENT FOR VIOLATION OF THE PLAINTIFF'S FOURTH AMENDMENT RIGHTS, SHOULD BE USED TO PROVIDE THE SAME RIGHT OF RECOVERY AGAINST A MUNICIPALITY WHOSE AGENT VIOLATES A CITIZEN'S CONSTITUTIONAL RIGHTS. IN ADDITION, THE MUNICIPALITY MAY BE HELD LIABLE FOR THE MISCONDUCT OF ITS POLICEMEN UNDER THE DOCTRINE OF RESPONDEAT SUPERIOR, THEREBY PROVIDING THE PLAINTIFF WITH A SOLVENT DEFENDANT AND AN EFFECTIVE REMEDY FOR THE BREACH OF HIS FOURTH AMENDMENT RIGHTS. FINALLY, THIS NOTE SUGGESTS THAT WHERE THE MUNICIPALITY IN QUESTION IS SUBJECT TO SUIT UNDER LOCAL LAW, FEDERAL JURISDICTION OVER THE MUNICIPALITY MAY BE OBTAINED UNDER THE DOCTRINE OF PENDENT JURISDICTION. (AUTHOR ABSTRACT)