Albright v. Oliver, 510 U.S. 266 (1994), was a United States Supreme Court case in which the Court held that there is no substantive due process violation that creates liability under Section 1983 when the police arrests someone for conduct that is not unlawful.[1] It was a plurality decision.[2]
Albright v. Oliver | |
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Decided January 24, 1994 | |
Full case name | Albright v. Oliver |
Citations | 510 U.S. 266 (more) |
Holding | |
There is no substantive due process violation that creates liability under Section 1983 when the police arrests someone for conduct that is not unlawful. | |
Court membership | |
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Case opinions | |
Plurality | Rehnquist, joined by O'Connor, Scalia, Ginsberg |
Concurrence | Scalia |
Concurrence | Ginsberg |
Concurrence | Kennedy, joined by Thomas |
Concurrence | Souter |
Dissent | Stevens, joined by Blackmun |
Laws applied | |
14 U.S.C. 1983 |