Exclusionary Rule - Assignment Example

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A class of female employees in the New York’s Department of Social Services and Education Board, in July 1971, complained that the Department and the Board, as a matter or of official policy, had compelled pregnant female employees to go for unpaid leave of absence before the…
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EXCLUSIONARY RULE Exclusionary Rule Case Brief: Monell v. New York Department of Social Services, 436 U.S. 658 (1978) Facts Aclass of female employees in the New York’s Department of Social Services and Education Board, in July 1971, complained that the Department and the Board, as a matter or of official policy, had compelled pregnant female employees to go for unpaid leave of absence before the leaves were need as a result because of medical reasons. Under the 42 U.S.C. 1983, the employees sought back-pay and injunctive relief for being unlawfully forced to take unpaid leave (“Monell, et al. v. Department of Social Services of the City of New York et al.,” 1978). The defendants in this case were the New York’s Department of Social Services Commissioner, and Education Board and its Chancellor, and the Mayor of New York.
The issues being addressed in this case was whether municipalities could be held liable for their policies that are deemed unconstitutional and whether they bore liabilities for their employees actions.
The District Court held that the issues that the employees complained of were unconstitutional. The court denied the plaintiffs request for back-pay; it considered that damages of that nature would be untimely from the New York City. As a result, the court argued that, it would be circumventing the immunity that Monroe v. Pepe conferred on municipalities. It argued that, in Monroe v. Pepe, the court concluded that, it was not the intention of Congress to bring municipalities within the ambit of section 42 U. S. C. 1983.
Monell, et al. v. Department of Social Services of the City of New York et al. (1978). Read More
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