monroe pape argued november decided february derived ku klux act april petitioners six negro children parents brought action federal district city chicago police officers damages violation rights fourteenth amendment alleged acting color statutes ordinances regulations customs usages illinois city chicago without warrant search arrest police officers broke petitioners home early morning routed bed made stand naked living room ransacked every room emptying drawers ripping mattress covers father taken police station detained open charges ten hours interrogated murder taken magistrate though one accessible permitted call family attorney subsequently released without criminal charges preferred held complaint stated cause action police officers city chicago liable section pp allegation facts constituting deprivation color state authority guaranty unreasonable searches seizures contained fourth amendment made applicable due process clause fourteenth amendment satisfies extent requirement pp enacting congress intended give remedy parties deprived constitutional rights privileges immunities official abuse position pp statutory words color statute ordinance regulation custom usage state territory exclude acts official policeman show authority state law custom usage even violated state constitution laws pp one purposes legislation afford federal right federal courts reason prejudice passion neglect intolerance otherwise state laws might enforced claims citizens enjoyment rights privileges immunities guaranteed fourteenth amendment might denied state agencies pp federal remedy supplementary state remedy state remedy need sought refused federal remedy invoked misuse power possessed virtue state law made possible wrongdoer clothed authority state law action taken color state law within meaning classic screws pp since contain word wilfully imposes civil liability rather criminal sanctions actions dispense requirement showing specific intent deprive person federal right city chicago liable congress intend bring municipal corporations within ambit section pp donald page moore argued cause petitioners brief morris ernst ernst liebman charles liebman john rogers sydney drebin argued cause respondents brief john melaniphy justice douglas delivered opinion case presents important questions concerning construction reads follows every person color statute ordinance regulation custom usage state territory subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress city chicago moved dismiss complaint ground liable civil rights acts acts committed performance governmental functions defendants moved dismiss alleging complaint alleged cause action acts federal constitution district dismissed complaint appeals affirmed relying earlier decision stift lynch case writ certiorari granted seeming conflict ruling prior cases petitioners claim invasion home subsequent search without warrant arrest detention monroe without warrant without arraignment constituted deprivation rights privileges immunities secured constitution within meaning said made criminal conspiracy injure oppress threaten intimidate citizen free exercise enjoyment right privilege secured constitution embraced rights individual reason relation central government state governments williams cf cruikshank ex parte yarbrough guinn history section civil rights act presently involved permit narrow interpretation section came onto books ku klux act april stat one means whereby congress exercised power vested fourteenth amendment enforce provisions amendment senator edmunds chairman senate committee judiciary said concerning section first section one believe nobody objects defining rights secured constitution assailed state law color state law merely carrying principles civil rights bill since become part constitution fourteenth amendment ii doubt least since ex parte virginia congress power enforce provisions fourteenth amendment carry badge authority state represent capacity whether act accordance authority misuse see home tel tel los angeles question deal narrower one whether congress enacting meant give remedy parties deprived constitutional rights privileges immunities official abuse position cf williams screws classic conclude intend argued color enumerated state authority excludes acts official policeman show authority state law state custom state usage case said policemen breaking petitioners apartment violated constitution laws illinois pointed illinois law simple remedy offered violation far appears courts illinois available give petitioners full redress common law affords violence done person earnestly argued statute ordinance regulation custom usage illinois bars redress ku klux act grew message sent congress president grant march reading condition affairs exists union rendering life property insecure carrying mails collection revenue dangerous proof condition affairs exists localities senate power correct evils beyond control state authorities doubt power executive acting within limits existing laws sufficient present emergencies clear therefore urgently recommend legislation judgment congress shall effectually secure life liberty property enforcement law parts first might course override certain kinds state laws sloss alabama opposition spoke object emphasized irrelevant laws first section bill prohibits invidious legislation rights privileges citizens object section clear pretended advocates floor state passed laws endangering rights privileges colored people said reason offense may committed upon negro white man negro testify case white man way conviction kentucky cases courts courts enforce laws negroes may testify act april sometimes called third force bill passed congress klan particularly mind debates replete references lawless conditions existing south available congress debates report nearly pages length dealing activities klan inability state governments cope report drawn many speakers unavailability state remedies failure certain enforce laws equal hand furnished powerful momentum behind force bill lowe kansas said murder stalking abroad disguise whippings lynchings banishment visited upon unoffending american citizens local administrations found inadequate unwilling apply proper corrective combinations darker night hides conspiracies wicked worst felons devise gone unwhipped justice immunity given crime records public tribunals searched vain evidence effective redress certain denied persons within jurisdiction equal protection laws proof point voluminous unquestionable en murdered houses burned women outraged men scourged officers law shot state made successful effort bring guilty punishment afford protection redress outraged innocent state lack power inclination practically denied equal protection law persons state courts several unable enforce criminal laws respective suppress disorders existing fact preservation life property many sections country beyond power state government sufficient reason congress far authority constitution enact laws necessary protection citizens question constitutional authority requisite legislation sufficiently discussed outrages committed upon loyal men forms law state legislature pass law discriminating portion citizens fails enact provisions equally applicable every class protection person property admitted state afford equal protection statutes show discrimination yet judicial tribunals one class unable secure enforcement rights punishment infraction accorded another secret combinations men allowed executive band together deprive one class citizens legal rights without proper effort discover detect punish violations law order state afforded citizens equal protection laws effectual denial state equal protection laws class officers charged laws administration permanently rule refuse extend protection every sheriff south carolina refuses serve writ colored man sheriffs kept office year year people south carolina verdict failure duty obtained south carolina jury state south carolina class officers representatives afford equal protection laws class citizens denied protection jurors south carolina constantly rule refuse justice man man rights particular class citizens concerned state affords legislation remedy much denial class citizens equal protection laws state put statute enacting verdict rendered courts state favor class citizens plausibly sophistically said laws north carolina discriminate provisions favor rights liberties general courts open juries grand petit commanded hear redress without distinction color race political sentiment fact asserted report hundreds outrages committed upon loyal people agency ku klux organization one punished defect administration laws extend cases vigorously enough laws enforced union people fail efficiency man known union sentiments white black invokes aid justice closes door temples section gives person may injured rights privileges immunities person property civil action damages wrongdoer federal courts offenses committed may common violations municipal law state may give rise numerous vexations outrageous prosecutions inspired mere mercenary considerations prosecuted spirit plunder aided crimes perjury subornation perjury reckless dangerous society alleged offenses cause action may arisen covert attempt transfer another large portion jurisdiction state tribunals right belongs neither authorized expedient calculated bring peace order domestic content prosperity disturbed society south contrary certainly effect moments let us inspect provisions bill inspired waning decaying fortunes party power called shown public necessity whatever first second sections designed transfer criminal jurisdiction courts courts done upon assumption courts southern fail refuse duty punishment offenders law authorizes person deprived right privilege immunity secured constitution bring action federal courts without limit whatsoever amount controversy deprivation may slightest conceivable character damages estimation sensible man may five dollars even five cents may lawyers call merely nominal damages yet section jurisdiction civil action given federal courts instead prosecuted courts much made history proposed legislation introduced broad two persons shall within limits state band conspire combine together act violation rights privileges immunities person entitled constitution laws committed within place sole exclusive jurisdiction law force constitute crime either murder manslaughter mayhem robbery assault battery perjury subornation perjury criminal obstruction legal process resistance officers discharge official duty arson larceny one parties said conspiracy combination shall act effect object thereof parties engaged said conspiracy combination whether principals accessories shall deemed guilty felony provisions changed bill passed house representatives understood members body go protect persons rights guarantied constitution laws undertake furnish redress wrongs done one person upon another union violation laws unless also violated law punish one person ordinary assault battery committed another state question whether majority people majority likely attached able secure liberties question whether majority people every state likely desire secure rights whether majority people every state sure attached principles civil freedom civil justice much desirous preserving liberties others insure temptation party spirit political excitement jealousy race caste majority either numbers strength state seek deprive remainder population civil rights us classic supra criminal code provides criminal punishment anyone color law statute ordinance regulation custom subjects inhabitant state deprivation rights privileges immunities secured protected constitution laws section first came law civil rights act act april stat passage fourteenth amendment provision amended act may stat right involved classic case right voters primary votes counted laws louisiana required defendants count ballots record result count certify result election classic supra according indictment perform duty opinion written justice later chief justice stone justice roberts justice reed justice frankfurter joined ruled misuse power possessed virtue state law made possible wrongdoer clothed authority state law action taken color state law dissenting opinion ruling meaning color state law questioned view meaning words color state law reaffirmed screws supra acts complained committed state officers performance duties making arrest effective urged color state law construed duplicate federal law offense state law id dissenting opinion said ruling classic case meaning color state law focus id dissenting opinion argued color state law included action taken officials pursuant state law id dissenting opinion rejected view concurring opinion stated construction given classic case formulated rule law become basis federal enforcement important field rule adopted case formulated mature consideration good one day situation comparable mahnich southern overruled decision demonstrated sport law inconsistent preceded followed classic case product hasty action inadvertence line cases preceded designed fashion governing rule law important field dealing constitutional interpretations throughout history wisely remained flexible subject frequent meaning classic case gave phrase color law involved construction statute hence rule undesirable consequences congress change add instability uncertainty law revise meaning meet exigencies case coming us shellabarger reporting bill became ku klux act said provision deal model found second section act april known civil rights section bill state facts provides civil remedy persons whose former condition may slaves also people color state law may deprived rights since screws williams decisions congress several pieces civil rights legislation one bill reached floor house measure least one provision penalizing actions taken color law otherwise vigorous minority report filed attacking inter alia words otherwise word criticism phrase color state law previously construed found report section act september stat amended adding new subsection provides person whether acting color law otherwise shall intimidate person voting chooses federal officials vigorous minority report filed attacking wide scope new subsection reason words otherwise said minority report words went far beyond construed color law mean word criticism directed prior construction given words color law act may stat uses color law two contexts defines officer election next gives judicial remedy behalf qualified voter denied opportunity register committee report containing minority views one challenged scope given prior decisions phrase color law results construction color law horrendous claimed disruptive federal scheme urged unwarranted invasion rights pretended surely voice opposition heard committee reports silence new uses color law recently given reinforce conclusion prior decisions correct matter construction conclude meaning given color law classic case screws williams cases correct one adhere screws case dealt statute imposed criminal penalties acts wilfully done construed word setting mean act specific intent deprive person federal right think gloss placed word wilfully appear moreover provides civil remedy screws case dealt criminal law challenged ground vagueness section read background tort liability makes man responsible natural consequences actions far complaint cause action remains consider defense peculiar city chicago iii city chicago asserts liable stop explore whole range questions tendered us issue oral argument briefs opinion congress undertake bring municipal corporations within ambit bill became act april debated senate senator sherman ohio proposed amendment made inhabitants county city parish certain acts violence occurred liable pay full compensation person damaged widow legal representative amendment adopted senate house however rejected conference committee reported another version house rejected conference report second conference sherman amendment dropped place act april substituted new section dropped provision municipal liability extended liability damages person persons knowledge specified wrongs committed poland speaking house conferees sherman proposal make municipalities liable said informed conferees part senate house taken stand subject recede section imposing liability upon towns counties must go fail agree much reliance placed act february stat entitled act prescribing form enacting resolving clauses acts resolutions congress rules construction thereof section act provides word person may extend applied bodies politic corporate noted however definition merely allowable mandatory one said doubts resolved favor municipal liability private remedies officers illegal searches seizures conspicuously ineffective municipal liability afford plaintiffs responsible defendants cause defendants eradicate abuses exist police level reach policy considerations reach constitutional question whether congress power make municipalities liable acts officers violate civil rights individuals response congress proposal make municipalities liable certain actions brought within federal purview act april antagonistic believe word person used particular act include accordingly hold motion dismiss complaint city chicago properly granted since complaint dismissed officials judgment must reversed footnotes district courts shall original jurisdiction civil action authorized law commenced person redress deprivation color state law statute ordinance regulation custom usage right privilege immunity secured constitution act congress providing equal rights citizens persons within jurisdiction subsection provides district courts shall original jurisdiction civil actions wherein matter controversy exceeds sum value exclusive interest costs arises constitution laws treaties see cong globe app act april stat supra note illinois art ii provides right people secure persons houses papers effects unreasonable searches seizures shall violated warrant shall issue without probable cause supported affidavit particularly describing place searched persons things seized respondents also point rev chicago illinois municipal code cong globe app speaker arthur kentucky doubts scope sheriff levy execution execute writ serve summons make arrest acting solemn official oath though pure duty saint immaculate seraph mere error judgment liable ibid italics added randall civil war reconstruction sess see globe app randall op supra note says discussing ku klux klan friendly view order might represent agency social control south yet never attained dignity vigilance committees western committees safety revolutionary times cong globe sess app app golladay tennessee expressed concern great state new york invaded every time murder committed within bounds great state pennsylvania invaded rioters city philadelphia burned public building great state massachusetts invaded webster one first scholars within walls harvard murdered parkman later persons violated laws lowell require army navy martial law sir midnight murderer sometimes found south regarded invasion app app app section bill originally introduced read follows person color law statute ordinance regulation custom usage state shall subject cause subjected person within jurisdiction deprivation rights privileges immunities secured constitution shall law statute ordinance regulation custom usage state contrary notwithstanding liable party injured action law suit equity proper proceeding redress proceeding prosecuted several district circuit courts subject rights appeal review upon error remedies provided like cases courts provisions act ninth april eighteen hundred entitled act protect persons civil rights furnish means vindication remedial laws nature applicable cases see text note supra see note supra cong globe pp full history evolution see screws classic cf hague cong globe app pp pp pp cong globe proposed amendment read house tenement cabin shop building barn granary shall unlawfully feloniously demolished pulled burned destroyed wholly part persons riotously tumultuously assembled together person shall unlawfully force violence whipped scourged wounded killed persons riotously tumultuously assembled together offense committed deprive person right conferred upon constitution laws deter punish exercising right reason race color previous condition servitude every case inhabitants county city parish said offenses shall committed shall liable pay full compensation person persons damnified offense living widow legal representative dead compensation may recovered person representative suit competent jurisdiction district offense committed name person injured legal representative said county city parish execution may issued judgment rendered suit may levied upon property real personal person said county city parish said county city parish may recover full amount judgment costs interest person persons engaged principal accessory riot action competent jurisdiction house tenement cabin shop building barn granary shall unlawfully feloniously demolished pulled burned destroyed wholly part persons riotously tumultuously assembled together person shall unlawfully force violence whipped scourged wounded killed persons riotously tumultuously assembled together intent deprive person right conferred upon constitution laws deter punish exercising right reason race color previous condition servitude every case county city parish said offenses shall committed shall liable pay full compensation person persons damnified offense living widow legal representative dead compensation may recovered action case person representative competent jurisdiction district offense committed action name person injured legal representative said county city parish action parties committing acts may joined defendants payment judgment part thereof unsatisfied recovered plaintiff action may satisfied individual defendant therein within two months next recovery judgment upon execution duly issued individual defendant judgment returned unsatisfied whole part enforced county city parish execution attachment mandamus garnishment proceeding aid execution applicable enforcement judgments municipal corporations judgment shall lien well upon moneys treasury county city parish upon property thereof action may motion cause additional parties made therein prior issue joined end justice may done said county city parish may recover full amount judgment paid costs interest person persons engaged principal accessory riot action competent jurisdiction county city parish paying shall also subrogated plaintiff rights judgment cong globe sess ibid see especially comments senator sherman act described instance congress supplies dictionary frankfurter reflections reading statutes rev present code provision defining person terms apply bodies politic see reviser note vol rev stats see note rev see foote tort remedies police violations individual rights rev cf fuller casner municipal tort liability operation harv rev view lower federal courts charlton city hialeah hewitt city jacksonville cobb city malden agnew city compton cuiksa city mansfield cases equitable relief sought municipality named along city officials defendant violations alleged see douglas city jeannette holmes city atlanta question dealt opinion raised cases either parties since hold municipal corporation person within meaning inference contrary longer drawn cases justice harlan justice stewart joins concurring case one first impression find color statute issue close indeed however classic screws considered substantially identical statutory phrase meaning unless retreat requires issue go petitioners point view policy stare decisis applied matters statutory construction lesser extent indications congressional acceptance earlier interpretation require appear beyond doubt legislative history statute classic screws misapprehended meaning controlling provision departure decided cases justified since find justifying indication legislative history join opinion however written sides matter makes additional observations appropriate aspects congress purpose quite clear earlier congressional debates quoted brothers douglas frankfurter turn seem inherently ambiguous applied case isolated abuse state authority official one agree opinion abundantly clear one reason legislation passed afford federal right federal courts reason prejudice passion neglect intolerance otherwise state laws might enforced claims citizens enjoyment rights privileges immunities guaranteed fourteenth amendment might denied state agencies besides inconclusiveness find legislative history seems means evident position favoring departure classic screws fits better enacting congress concerned position adopted years ago apparent incongruities view dissent may easily reconciled terms earlier holding classic dissent considers color provision distinguishes unconstitutional actions taken without state authority state remedy unconstitutional actions authorized state federal act reach controlling difference enacting legislature must either state remedy adequate unauthorized actions authorized ones sense greater harm unconstitutional actions authorized full panoply state power approval unconstitutional actions authorized acquiesced state find less compelling evidence either distinction important congress state remedy considered adequate official unconstitutional act unauthorized thought equally adequate unconstitutional act authorized one thing clear legislative history congress well aware action requiring state judicial enforcement taken violation fourteenth amendment without enforcement declared void direct review state courts presumably must also understood review denial state damage remedy official grounds state authorization unconstitutional action therefore seems state remedies ultimate aid review furnish identical relief two situations point senator blair made stated object fourteenth amendment prevent discrimination law state argued forbidden constitution judges state national sworn support constitution power supervise correct action state courts violated constitution danger violation right citizens color laws cong globe app statute becomes jurisdictional provision one attributes enacting legislature view deprivation constitutional right significantly different serious violation state right therefore deserves different remedy even though act may constitute state tort deprivation constitutional right view means unrealistic matter believe consistent flavor legislative history view primary purpose statute grant lower forum fact findings example tone surely one overflowing protection constitutional rights hint concern administrative burden senator frelinghuysen says civil remedies violation privileges know courts state violate provisions constitution law relief afforded review federal courts since amendment forbids state making enforcing law abridging privileges immunities reach legislatures injured party original action federal courts injunction recovery damages relief party color law guilty infringing rights civil remedy one think object prohibition old constitution state pass law impairing obligation contracts negative prohibition laid upon state congress authorized interfere case state violated provision true private rights affected state law brought judiciary either state nation duty pronounce act void matter ended present constitution however regard rights secured fourteenth amendment left right citizen regard laws impairing obligation contracts left disposed courts cases arise man man congress clothed affirmative power jurisdiction correct evil think one fundamental one great tremendous revolutions effected government article constitution gives congress affirmative power protect rights citizen whereas right given save citizen violation rights state legislatures remedy judicial one case arose ii think limited interpretation fares better viewed possible premise namely constitutional deprivations considered offensive approved one thing enacting congress unaware fact substantial overlap protections granted state constitutional provisions granted fourteenth amendment indeed one opponent bill senator trumbull went far state debate senators carpenter edmunds research indicated complete overlap every state least protections due process clause thus one significant sense ultimate state approval large portion otherwise authorized actions depriving person rights hesitate assume proponents present statute regarded necessary even though knew provisions fourteenth amendment thought remedies unnecessary whenever provisions state constitutions also forbidding fourteenth amendment forbids alternative disregard possibility state find action unauthorized grounds state constitution defendant official denied right defend federal upon ground state find action unauthorized light state constitution difficult contend added harmfulness state approval justifies different remedy authorized unauthorized actions state officers moreover indeed legislature meant distinguish authorized unauthorized acts yet mean statute inapplicable whenever state constitutional provision reasonably interpreted gave protection similar provision fourteenth amendment explanation exception general rule fact none legislative history least makes difficult contention legislators fact making distinction use misuse state power basis doubt additional force state approval justified distinction authorized unauthorized actions one suggests difference showing plaintiff must make assert claim depending upon whether asserting denial rights secured equal protection clause denial rights secured due process clause fourteenth amendment congress passed also provided remedies two nonofficials conspire prevent official granting equal protection laws see seem almost untenable insist congress hesitated grounds lack full state approval official act provide similar remedies official unauthorized denied equal protection laws initiative likely state approval even acquiescence conspiracy coerce state official deny equal protection indeed difficult attribute congress forbade two private citizens hindering official giving equal protection intent leave official free deny equal protection accord passed upon question whether passed second section act included intended reach ku klux klan substantially organized group activity distinguished words seem include conspiracy two persons purpose preventing hindering constituted authorities state giving securing persons within state equal protection laws without deciding question think sufficient note legislative history without indications words statute seem state fact meaning assumed congress difficulties explaining basis distinction authorized unauthorized deprivations constitutional rights fortify view legislative history bear burden stare decisis casts upon reason stated opinion agree depart holdings classic screws cases provision found every person color statute ordinance regulation custom usage state territory subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress compare cong globe sess senator pratt app kerr cong globe sess senator sherman cong globe sess senator edmunds app shellabarger cong globe sess senator trumbull many cases relief provided state victim use state power state either constitutionally authorize far less congress may thought fair reimbursement deprivation constitutional right venture examples may damage remedy loss voting rights harm psychological coercion leading confession dollar value right go unsegregated schools even remedy unauthorized search seizure monroe allegedly subjected may nominal amount damages physical property allowable action trespass land indeed purest coincidence state remedies violations rights private citizens fully appropriate redress injuries state official cause constitution provides protection compare statement representative burchard refusal state officer acting state accord equality civil rights renders amenable punishment offense law conspirators attempt prevent officers performing duty also clearly liable cong globe app section finally adopted substantially provided two persons state conspire purpose depriving either directly indirectly person class persons equal protection laws equal privileges immunities laws purpose preventing hindering constituted authorities state giving securing persons within state equal protection laws one persons engaged therein cause done act furtherance object conspiracy whereby another injured person property deprived exercising right privilege citizen party injured deprived may action recovery damages occasioned injury deprivation one conspirators think decision collins hardyman properly viewed determining scope provision refers conspiring purpose preventing constituted authorities state giving equal protection laws specifically disclaim consideration provision proceeded emphasize petitioners therein subjected private discrimination since slightest allegation defendants conscious trying influence law endeavoring obstruct interfere holding equal protection law unaffected discriminatorily motivated violations state law long instrumentalities law enforcement remain free able willing remedy violations clearly based upon premises control quite dissimilar case conspiratorial attempt affect fairness instrumentalities constituted authorities state representative poland doubted constitutionality earlier forms doubts present form reading provision clear defense agree state shall deny equal protection laws state make proper laws proper officers enforce laws somebody undertakes step clog justice preventing state authorities carrying constitutional provision claim right make interference offense constitution empower us aid carrying injunction constitution laid upon shall afford equal protection laws citizens state provided law provided officer carry law right say anybody undertakes interfere prevent execution state law amenable provision constitution law may make declaring offense require combination shall one state put require shall amount anything like insurrection three persons combine purpose preventing hindering constituted authorities state extending persons equal protection laws although persons may taken first sheriff catch first constable although every citizen country may ready aid posse yet statute applies case domestic violence case insurrection case therefore interference federal government much less interference call made upon governor legislature state app senator thurman see also farnsworth abstractly stated case concerns matter statutory construction stated problem denuded illuminating concreteness thereby significance federal system abstractly stated matter statutory construction one upon already passed done circumstances settings negative considerations social policy upon doctrine stare decisions calling controlling application prior statutory construction rests case presents question sufficiency petitioners complaint civil action damages brought civil rights act complaint alleges october thirteen chicago police officers led deputy chief detectives pape broke two doors monroe apartment woke monroe couple flashlights forced gunpoint leave bed stand naked center living room officers roused six monroe children herded living room detective pape struck monroe several times flashlight calling nigger black boy another officer pushed monroe officers hit kicked several children pushed floor police ransacked every room throwing clothing closets floor dumping drawers ripping mattress covers monroe taken police station detained open charges ten hours time interrogated murder exhibited lineups brought magistrate although numerous magistrate courts accessible advised procedural rights permitted call family attorney subsequently released without criminal charges filed also alleged actions officers throughout without authority search warrant arrest warrant actions constituted arbitrary unreasonable conduct officers employees city chicago furnished badge identification card designating member police department officers agents city acting course employment engaged performance duties custom department arrest confine individuals prolonged periods open charges interrogation purpose inducing incriminating statements exhibiting prisoners identification holding incommunicado police officers investigate activities punishing imprisonment without judicial trial basis allegations various members monroe family seek damages individual police officers city chicago district dismissed complaint failure state claim appeals seventh circuit affirmed petitioners base claim relief federal courts enacted ku klux act april act enforce provisions fourteenth amendment constitution purposes stat became insignificant rephrasing revised statutes set forth relevant part follows every person color statute ordinance regulation custom usage state subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress invoking old designation used hereafter petitioners contend protection rights privileges immunities secured constitution encompasses due process law equal protection laws fourteenth amendment guarantee action contention supported title act legislative history see authoritative statement edmunds reporting bill senate committee judiciary cong globe sess see also app true related phrase right privilege secured constitution laws title said plurality williams comprehend rights arising immediately relationship individual central government see cruikshank construction demanded penalizes conspiracies private individuals acting applies action taken color statute etc different problems statutory meaning presented two enactments deriving different constitutional sources see civil rights cases compare williams supra screws petitioners alleged facts constituting deprivation color state authority right assured fourteenth amendment brought within douglas jeannette hague opinion stone sure screws supra requires finding specific intent order sustain conviction cognate penal provisions intent deprive person right made specific either express terms constitution laws decisions interpreting petitioners complaint alleges specific intent number reasons requirement screws carried applied civil actions first word willfully requirement intent derived screws appear second fact civil provision invites treatment different given criminal analogue constitutional scruples concerning vagueness deemed compel screws construction less force context civil proceeding insofar creates action damages must read light familiar basis tort liability man responsible natural consequences acts third even criminal area specific intent demanded screws proved abstraction serving purposes constitutional need without impressing actual restrictions upon nature crime jury tries screws opinion said fact defendants may thinking constitutional terms material aim enforce local law deprive citizen right right protected constitution lower courts applying statute allowed inference requisite specific intent evidence appear malevolence alone intent infringe specific constitutional rights comes practice mean intent without justification bring circumstances infringe rights consequences introducing specific intent issue litigation effect require fictional pleading needlessly burden jurors abstruse instructions lessen degree control federal courts jury vagaries courts enforce unhappy form judicial disapproval surround doctrines partially unequally obstruct operation specific intent context section cause embarrassment without countervailing justification petitioners allegations respondents fact acts constituted violations constitutional rights sufficient ii show violations petitioners invoke primarily amendment due process clause essence claim police conduct alleged offends requirements decency fairness implicit concept ordered liberty imposed due process clause upon palko connecticut apply complaint standard principle justice rooted traditions conscience people ranked fundamental touchstone enforcement due process merit constitutional claim evident conception expressed wolf colorado security one privacy arbitrary intrusion police basic free society innovation wolf tenet exists realm sanctuary surrounding every individual frangible save limited class circumstances agents government informed decision king bench two centuries earlier entick carrington wils basis otis contemporary speech writ assistance see gray notes quincy massachusetts reports app tudor life james otis intervening years found expression fourth amendment constitution also fundamental law every state modern totalitarianisms stark reminder newly teach door symbol rule fear violence fatal institutions founded respect integrity man essence liberty protected common law american constitutions right shut door officials state unless entry proper authority law particularly right resist unauthorized entry design securing information fortify coercive power state individual frank maryland searches dwelling house special object universal condemnation official intrusion search evil obnoxious form reported cases presented manifold aggravating circumstances petitioners allege intrusion en masse dark force unauthorized warrant occupied private home without even asserted justification belief intruders inhabitants presently committing criminal act within physical abuse calculated degradation insult forced nakedness sacking disordering personal effects throughout home arrest detention background terror threatened criminal proceedings wherever similar conduct appeared courts unanimously condemned police entries lawless question whether due process forbids kind police invasion us isolation answer quick example petitioners sought damages state courts illinois courts refused redress ground official character respondents clothed civil immunity faced sort situation language wolf opinion addressed hesitation saying state affirmatively sanction police incursion privacy run counter guaranty fourteenth amendment issue reached case conduct record presents condoned bringing action federal district petitioners rest fourteenth amendment simpliciter invoke protection specific statute congress restricted federal judicial enforcement guarantees particular enumerated circumstances must show constitutional rights infringed infringed color state statute ordinance regulation custom usage phrase used relevant congressional enactment iii course congress appropriate statutory language attempted reach every act attributed fourteenth amendment prohibition state shall reach statute reach amendment relevant enforcement statute concept state action developed see nixon condon also considerations power congress amendment enforcement clause determine appropriate legislation protect rights fourteenth amendment secures cf raines still supposed case arrive question congress determined congress done case us must ask congress must determine congress meant color enumerated state authority congress used phrase also criminal provisions first civil rights act april stat derived present cases used purpose seventy years followed enactments cases color provisions invoked uniformly involved action taken either strict pursuance specific command state law within scope executive discretion administration state laws true two exceptions lower federal courts first two cases held directed instances lawless police brutality although ruling put color grounds second indictment charging county tax collector depriving one ah koo federally secured right color designated california law set forth indictment held insufficient demurrer jackson fed cas cal wrote indictment contains averment ah koo foreign miner within provisions state law averment unnecessary act congress held apply case illegal extortion tax collector person though exaction might wholly unauthorized law officer pretended act satisfied design congress prevent punish abuse authority state officers object act prevent illegal exactions forbid execution state laws act made void seem necessarily follow person tax exacted must person provisions state law officer authorized exact statute requires party shall subjected deprivation right secured statute color law statute order custom exaction although made tax collector levied upon person within provisions state law exaction said made color law similar exaction chinese miner made person wholly unauthorized pretense tax collector sharp change uniform application seventy years made without acknowledgment indication awareness revolutionary turnabout established practice opinion classic accomplished case presented indictment charging certain local commissioners elections altering ballots cast primary held nominate candidates congress sustaining sufficiency indictment extensive opinion concerned principally question whether right vote primary right secured constitution justice stone wrote alteration ballots color state law holding summarily announced without exposition passingly argued three authorities cited support two involve color statutes third hague case municipal officials claimed authorization actions municipal ordinances held unconstitutional general police powers state three cases dealt state action problems state action different question color clause justice stone appears considered joined opinion without made independent examination legislative history relevant legislation authorities drawn upon classic construction acquiescence founded preclude responsible recognition error disclosed subsequent study however four years later called review conviction georgia county sheriff beaten negro prisoner death opinion four six justices believed statute applied merely invoked classic stare decisions reconsider meaning case uncritically assumed attached language color state authority screws briefs screws case examine critically legislative history civil rights acts reference history plurality opinion insofar bears interpretation clause color law contained pair sentences discounting two statements senators trumbull sherman regarding civil rights acts cited minority bulk plurality opinion treatment issue consists argument color construed classic construction put words abandoned revised case williams reaffirmed screws applied circumstances brutality practiced private detective held special police officer card accompanied regular policeman thus although three times found conduct state officials forbidden state law may color state law purposes civil rights acts accurate say question never received consideration importance merits regard controlling legislative history conventionally observed determining true meaning important legislation construe never applied color provisions particularly never canvassed full record debates preceding passage act concerned case neither classic screws williams warrants refusal take account debates illumination afford may well decline recent cases derive judicial process exercised adequate safeguards documenting briefs adequate arguments sides foundation due deliberation relevant demands stare decisions preclude considering first time thoroughly light best available evidence congressional purpose statutory interpretation started unexamined assumption basis inapplicable citations claim dogma solely reiteration particularly interpretation recently made inception silent reversal judicial history civil rights acts three quarters century rule stare decisions though one tending consistency uniformity decision inflexible hertz woodman true course reason rule compelling cases involving inferior law law capable change congress constitutional cases although even cases wise consciousness limitations individual vision impelled always give great weight prior decisions nevertheless bears ultimate obligation development law institutions develop see smith allwright always declined cases whose outcome congress might changed see justice brandeis dissenting burnet coronado oil gas decisions involving statutory construction even decisions congress persuasively declined overrule overruled see girouard overruling schwimmer macintosh bland see also commissioner estate church overruling may heiner invoking prior decisions given color law content ignores meaning fairly comported words text confirmed legislative history undertakes fresh examination legislative history decision case therefore rest stare decisions true construction statute may thought free restraints doctrine though matter us first time certainly none implications seeks draw silences minority reports congressional committees use color language different context act may stat concerned relevant part preservation election records implementation franchise serves impressive bar true scope pertinent legislative setting iv case squarely presents question whether intrusion city policeman policeman show authority state law successfully interposed defense action nonetheless regarded color state authority within meaning respondents breaking monroe apartment violated laws state illinois illinois law appears offer civil remedy unlawful searches petitioners claim none available rather assert deprived due process law equal protection laws color state law although appears courts illinois available give fullest redress common law affords violence done statute ordinance regulation custom usage state illinois bar redress enactment congress ku klux act encompass situation section noted patterned similar criminal provision act april earlier act primary object effective nullification black codes statutes southern legislatures burdened disqualified negro make emancipation appear illusory act vetoed president johnson whose veto message describes contemporary understanding second section section wrote seems designed apply existing future law state territory may conflict provisions bill provides counteracting forbidden legislation imposing fine imprisonment upon legislators may pass conflicting laws upon officers agents shall put attempt put execution means official offense common crime committed law upon persons property black race act may deprive black man property right hold property means deprivation right either state judiciary state legislature offense committed colored person simply colored state law affords protection white act neither intended anything case adequate remedies state courts discriminated color state laws colored becomes necessary interfere protection sherman colleague deny appropriate legislation prevent private person shielding state regulation thus denying person right vote casserly like ask senator ohio state said abridge right colored man vote irresponsible person streets actor wrong sherman offender may loafer meanest man streets covers protection color law regulation constitution state may punished casserly suppose state law authorizes colored man vote sherman case dealing bill proposes deal offenses committed officers persons color existing state law color existing state constitutions man convicted bill reported judiciary committee unless denial right vote done color pretense state regulation whole bill shows first second sections bill simply punish officers well persons discrimination color state laws constitutions provides way person color law statute ordinance regulation custom usage state shall subject cause subjected person within jurisdiction deprivation rights privileges immunities secured constitution shall law statute ordinance regulation custom usage state contrary notwithstanding liable party injured indeed ku klux act whole encountered course passage strenuous constitutional objections focused precisely upon assertedly unauthorized extension federal judicial power areas exclusive state competence special target bill reported house providing criminal penalties two persons shall within limits state band conspire combine together act violation rights privileges immunities person entitled constitution laws committed within place sole exclusive jurisdiction law force constitute crime either murder manslaughter mayhem robbery assault battery perjury subornation perjury criminal obstruction legal process sic resistance officers discharge official duty arson larceny general understanding legislators unquestionably amended ku klux act undertake furnish redress wrongs done one person upon another violation laws unless also violated law punish one person ordinary assault battery even opposing constitutional objectors found sufficient congressional power enforcement clause fourteenth amendment give kind redress deemed inexpedient exercise power convenience courtesy suggest sparing use never far supplant state authorities except cases extreme necessity state governments criminally refuse neglect duties imposed upon extreme radicals believed remedy oppressed unionists south general expansion federal judicial jurisdiction loyal men privilege causes civil criminal tried federal courts disappointed act passed finally significant opponents act exhausting ingenuity discover constitutional objections every provision also construed addressed conduct authorized state law therefore within admitted permissible reach fourteenth amendment federal power first section bill prohibits invidious legislation rights privileges citizens one opponent paraphrased provision senator thurman insisted vociferously absence federal power penalize conspiracy individuals violate state law case mere individual violence color whatsoever authority law either federal state say punish men mere conspiracy individual act crime state laws punishable state laws simply wipe state jurisdiction crimes transfer bodily congress admitted without question constitutionality refers deprivation color law either statute law custom usage become common law says however unavailability state remedies failure certain enforce laws equal hand furnished powerful momentum behind force bill course notion unavailability remedy limited mean absence statutory paper right large part true insofar undertakes demonstrate bulk opinion seems meant reach instances action specifically authorized avowed apparent written law inscribed statute books argument knocks open door one deny express terms statute comprehends deprivations federal rights color statute ordinance regulation custom usage state emphasis added question class cases involving state statute law meant reached respect question conclusion undermined portions legislative debates cites surely misconduct individual municipal police officers subject effective oversight appropriate state administrative judicial authorities presents situation differs toto coelo one immunity given crime records public tribunals searched vain evidence effective redress murder rages state makes successful effort bring guilty punishment afford protection redress state courts unable enforce criminal laws suppress disorders existing state judicial tribunals one class unable secure enforcement rights punishment infraction accorded another hundreds outrages one punished courts fail refuse duty punishment offenders law class officers charged laws administration permanently rule refuse extend protection statements indicate congress made keenly aware conditions south authorities sanction offenses individual settled practice established state law truly written codes designed reach well official conduct engaged permanently rule systematically came acceptance officers constitute custom usage cast law see nashville browning indicate attempt reach statute terms include instances acts defiance state law settled state practice systematic pattern official action inaction custom usage state insulates effective adequate reparation state authorities rather evidence converges conclusion congress created civil liability enforceable federal courts instances injury redress barred state courts statute ordinance regulation custom usage sanctioned grievance complained purpose manifested even radical reconstruction congress accords presuppositions federal system jurisdiction article iii constitution conferred national judiciary reflected assumption state courts federal courts remain primary guardians fundamental security person property long evolution common law secured one individual individuals fourteenth amendment alter basic aspect federalism commands addressed responsible organs formulation administration local policy sought deny impede access individual central government connection enumerated functions assigned deprive individual certain minimal fairness exercise coercive forces state without reasonable justification treat differently persons subject jurisdiction overriding federal sanction imposed individuals corpus substantive rights guaranteed fourteenth amendment due process law ascertainment enforcement rights equality enjoyment rights safeguards afford base distinction federal citizenship state citizenship drawn cases wall conception begot state action principle time civil rights cases relied application fourteenth amendment guarantees individuals body mutual rights duties constitute civil personality man remains essentially creature legal institutions course present case petitioners argue wrongs done committed individuals police state officials two senses might true might true petitioners alleged redress state courts offer respondents different courts offer individuals guilty conduct police alleged might also true merely respondents police clothed appearance official authority factor significance dealings individuals certainly intrusion man star police revolver different phenomenon intrusion burglar aura power show authority carries created state government reason national legislature exercising power implement fourteenth amendment might well attribute responsibility intrusion state legislate protect intrusion pretense authority alone might seem congress sufficient basis creating exception ordinary rule state tribunals individuals within state must look redress individuals within state pretense authority might suffice sustain congressional legislation creating exception see ex parte virginia congress declared purpose shift ordinary distribution judicial power determination causes state make shift congress manifested intention unwisdom extending federal criminal jurisdiction areas conduct conventionally punished state penal law perhaps obvious extending federal civil jurisdiction traditional realm state tort law latter presents problems policy appropriately left congress suppose state legislature highest state determine within territorial limits damages recovered tort pain suffering mental anguish punitive damages recoverable since federal courts went business making general law erie tompkins decisions local policy admittedly exclusive province state lawmakers civil liability police conduct claim authority local law actionable assault trespass local courts comport different rules unlawful intrusion policeman chicago entail different consequences unlawful intrusion hoodlum matters policy strictly legislative sense determination matter congressional choice legislative evidence overwhelming expressive choice indeed precise limitation acts color state statute ordinance authority appears face designed leave questions nature extent liability individuals laws several except state seeks shield individuals special barrier state authority extend civil rights act liability beyond point interfere areas state policymaking congress determined interfere interference negligible one argument urged screws favor result case reached announced policy department justice prosecution cases see experience indicates private litigants expected show consideration autonomy local administration department purportedly shows relevant also effects upon institution federal constitutional adjudication sustaining damage actions relief conduct allegedly violative federal constitutional rights plainly violative state law permitting actions necessitates immediate decision federal constitutional issues despite admitted availability remedies avoid issues make inroads throughout large area upon principle federal judicial become significant instrument efficient functioning national judiciary see railroad texas pullman cases following matter technical nicety judicial timidity reflects recognition small degree effectiveness legal order depends upon infrequency solves problems resorting determinations ultimate power especially true circumstances ultimate determinations must made conducive mature deliberation decision made vehicle constitutional litigation cases state officers acted lawlessly state law difficult questions federal constitutionality certain official practices lawful perhaps unlawful others may litigated private parties without participation responsible state authorities obviously desirable protect legitimate state interests also better guide adjudication competent argument course last considerations irrelevant duty congress demonstrably meant reach activities like respondents case appears congress plainly understanding respect principles long regarded critical effective functioning federalism avoid extension statute beyond manifest area operation applications invite conflict administration local policies extension makes extreme limits federal constitutional power law regulate quotidian business every traffic policeman every registrar elections every city inspector investigator every clerk every municipal licensing bureau country text statute reinforced history precludes reading concluding police intrusion violation state law wrong remediable pressures urge opposite result duly felt difficulties confront private citizens seek vindicate traditional actions rights lawless invasion privacy local policemen obvious obvious need effective modes redress answer urgings must regard federal system presupposes wide range regional autonomy kinds protection local residents receive various concepts make possible policeman possible policeman individual hoodlum intruder escape without liability vandalized home evil surely remedy devolves first instance course afford less protection police police hoodlum authority state statute ordinance regulation custom usage police specially shielded provides remedy dismissal petitioners complaint present case impair otherwise protection people local delinquencies shortcomings depends general must upon active consciences state executives legislators judges federal intervention must best limited securing minimal guarantees afforded evolving concepts due process equal protection may long run individual disservice deflecting responsibility state lawmakers hold power providing far comprehensive scope protection local society also may well loser relaxing sense responsibility indeed perhaps resenting may appear outside interference local authority ample appropriate supply needed remedies say may exist today needs call congressional legislation protect civil rights individuals strong contemporary assertions needs expressed report president committee civil rights secure rights chafee safeguarding fundamental human rights tasks nation geo rev insistence needs delicacy issues involved finding appropriate means satisfaction demonstrate demand legislative judicial response expect create effective means protection human liberties torturing statute meet problems enactment like civil rights act dealing safeguarding promotion individual freedom especially relevant mindful since projected future ambulatory scope statute properly absorbing expanding reach purpose extent words purpose conveyed fairly bear expansion admissible expansion meaning judicial process entirely unbind courts license exercise qualitatively different thing namely formulation policy legislation one last writings libertarian also friend narrow construction professor zechariah chafee admonished putting civil rights act dubious new uses even though matter policy might desirable changed climate nearly hundred years enactment events sure one thing federal protection desirable get something better criminal statute antiquated uncertainties based privileges immunities clause fourteenth amendment queer try protect human rights middle twentieth century days general grant work courts melt recast statute color law meant authority law nineteenth century judicial sympathy however strong needs felt give phrase phrase occurs statute constitution different meaning twentieth compare justice holmes varying approaches construction word statute constitution towne eisner eisner macomber dissenting meaning doubt poses difficulties application manifestly applicability section action damages made turn upon actual availability unavailability remedy individual plaintiff situation prosecution adverse judgment damage claim made prerequisite relief first place requirement effectively nullify vehicle recovering damages second place conclusion police activity violates state law color state law turn upon existence state tort remedy rather recognizes freedom fashion laws torts way threat federal intervention save state law makes determinative plaintiff rights particular circumstance defendants acting state authority section designed cure level possible imperfections local doctrines provide case defendant claim particular dispensation state authority immunizes ordinary processes law follows federal courts actions law determine whether defendants conduct violation color state law often little guidance earlier state decisions determination sometimes difficult course federal district courts sitting diversity cases often called upon determine intricate uncertain questions local law whether official authority cloak given practice police liability suit certain fixed points reference available plaintiff show defendant acting pursuant specific terms state statute municipal ordinance apply see lane wilson show defendant conduct within range executive discretion enforcement state statute municipal ordinance apply see hague beyond cases lie admittedly difficult ones seeks show custom usage become common law brother harlan concurring opinion deserves separate consideration begins asking essential question congress clearly provided tort relief federal courts violations constitutional rights acts policeman acting pursuant state authority also provided relief violations constitutional rights policeman acting violation state authority inquires cause congress distinguish two situations examining first possible differentiating factor differing degrees adequacy protection person property already available state courts reasons significant view congress purpose purpose enact statute merely jurisdictional function shifting load federal supervision lower courts providing federal tribunal fact findings examining possible distinction difference injuries individuals isolated acts abuse authority state officers injuries individuals acts sanctioned dignity state law finds important especially congress aware existence state constitutional guarantees protection individual enacted conspiracy statute became ask congress legislated reach state officer enforcing unconstitutional law sanctioned usage also legislate reach officer acting unconstitutionally without authority abstract statute historical context legislative process congresses enacted several civil rights acts one struggle compromise power national government expanded piece piece bitter resistance radicals yield ground bargain detail order keep moderate republicans line endeavor achieving legislative patterns analytically satisfying symmetry contest large sallies small retreats much ground occupied time temporary coalescences forces strong enough enroll prevailing vote agree upon assume congress reached one situation also reached another situation involving dissimilar problems assuming arguendo problems viewed intellectual abstraction dissimilar ignores temper times produced ku klux act approach persuasive two situations state officer acting pursuant state authority state officer acting without state authority entirely similar perceived two different situations view fierce debate occupied congress whether fourteenth amendment intended invalidate state legislation offensive face supposition must ruled contrariwise historically persuasive congress thinking neat abstract categories designed statute protect federal constitutional rights immediate evil perceived grave evil described statute sponsor shellabarger wrongs done color state laws abridge rights measure seek control unconstitutional action abusive state authority abridge rights moreover even rigorous analysis two situations argumentatively deemed dissimilar indeed dissimilar dissimilar two relevant aspects adequacy protection person property seems sound distinction class injuries sanctioned state law never redress unless state courts sufficiently receptive federal claim declare law unconstitutional litigant persists tortuous protracted process appeals state trial found facts system injuries sanctioned state law make line distinction determine incidence civil rights legislation serves cover bulk cases federal judicial protection needed sure leaves certain cases unprotected namely instances federal constitutional violations authorized state statute custom usage concern interests wholly unrecognized state statute common law cost ignoring distinction order cover cases cost providing federal judicial remedy every constitutional violation involves national government larger class cases rights secured fourteenth amendment relate interests person property origin matters intimate concern state local governments one persistently recurring motifs legislative history ku klux act precisely reluctance invade regions state local concern except insofar absolutely necessary effective assurance fourteenth amendment guarantees therefore line distinction unauthorized actions line compromise among positions concerning legislative evidence clear congress wanted compromise probable act draftsmen selected attribute significance line distinction reduce ku klux act merely jurisdictional function shifting load federal supervision original federal tribunal first certain classes cases construed reaching unconstitutional conduct authorized state law accord substantive relief available means litigation subject commands supremacy clause review case example negro bring action damages state election official denied right vote pursuant discriminatory state franchise provisions state recognize action deprivation right vote similarly one whose home searched state police acting state statute regulation custom usage authorized unconstitutional intrusion recover action measure relief determined substantive matter federal law whereas suit might availed damages technical trespass second reference numerous classes cases redress federal trial might give approximately substantively recovered suit theory reconstruction congress meant principally jurisdictional provision granting access original federal forum lieu slower costly hazardous route federal appeal state courts forgets important providing federal trial among several purposes ku klux act one may agree one sense merely jurisdictional jurisdictional sense example civil rights act jurisdictional section create substantive right relief negative fact powerful impulse behind creation substantive right purpose available shaped original federal tribunals truth deprecate purposes statute terms analysis refers merely jurisdictional effects shifting load federal supervision administrative burden attribute twentieth century conceptions federal judicial system reconstruction congress today congress devise comprehensive scheme effective protection federal constitutional rights might conceivably think terms defining classes cases review decision appropriate original federal jurisdiction appropriate fitting cases one category congress certainly think terms original federal question jurisdiction federal courts ordinary mode protection federal constitutional rights review light prevailing notions appropriate relative spheres jurisdiction state federal courts first impression allowance federal district circuit competence adjudicate causes state special case rarity ask special case created redress deprivations federal rights authority state laws abridged rights special case also created cover deprivations federal rights whose somewhat similar nature might made redress appropriate disregards dominant jurisdictional thought day neglects consideration fact redress federal trial sparingly afforded extend original federal jurisdiction class cases constitutional violation sanctioned state law state judges less likely federal judges sympathetic plaintiff claim purpose quite consistent overflowing protection constitutional rights assuredly manifests finally seems unreasonable reject suggestion constitutional violations offensive violations sanctioned majesty state authority degrees offensiveness perhaps lie largely eye person offended implausible conclude something reprehensible something dangerous action custodian public building turns negro pursuant local ordinance action custodian turns negro violation state law vent personal bias something reprehensible public officer beats criminal suspect orders captain detectives pursuant systematic accepted custom practice officer losing temper breaks local regulations beats suspect admitted significant difference situation individual injured another individual although latter agent state claim state judicial administrative processes protection redress available individual situation one injured sanction state law shields offender left alone helpless face asserted dignity state certainly latter two situations unprotected southern negroes unionists congress concerned analysis supposes congress ku klux act attempting provide comprehensive coverage single problem therefore may supposed left aspect problem unprovided ignores two sections fact designed cope two wholly different problems two wholly diverse evils section newly drafted like taken act civil criminal like merely civil aimed exclusively conspiracies important sought protect federal right equal protection like fourteenth amendment rights limited scope latter respect drafted voted thought constitutionally made reach instances action tenuous connection lawfully asserted authority state statute also reached due process violations reason reach isolated instances misuse state authority possess character purposeful discrimination amounts denial equal protection evil meant stamp evil conspiracy particularly evil klan conspiracy embracing numbers purpose dominate set naught carpetbag scalawag governments day appeared able effectively deprive negroes legal rights close avenues redress vindication collins hardyman enormity power organization made dangerous section aimed another evil evil combinations dedicated purposeful systematic discrimination violation rights privileges immunities secured constitution authority enhanced majesty dignity precisely authorization assurance behind constitutional violation lay whole power state danger one agree two statutory sections may overlap unevenly rather dovetail surely plausible regard uneven overlap result diverse origins purposes sections derive justification construction distorts section stretching cover class cases presenting neither evil evil ku klux act designed cope vi present case comes judgment sustaining motion dismiss petitioners complaint complaint insofar describes police intrusion makes allegation intrusion authorized state law conclusory unspecific claim times herein mentioned individual defendants acting color statutes ordinances regulations customs usages state illinois county cook defendant city chicago face illinois decisions holding intrusions unlawful absence precise factual averments support conclusion complaint fails state claim however complaint allege detention monroe custom usage police department city chicago arrest confine individuals police stations jail cells said department long periods time open charges confinements alleged purpose interrogating investigating individuals arrested aim inducing incriminating statements permitting possible identification suspects lineups holding suspects incommunicado police conduct field investigations associates background punishing arrested persons without trial averments present facts admitted true purposes motion dismiss seem sustain petitioners claim monroe detention contrasted intrusion monroe apartment color state authority relevant illinois decisions impossible say certainty detention incommunicado ten hours unlawful per se courts state hold lawless circumstances surrounding monroe arrest made subsequent confinement illegal record petitioners complaint suffices raise narrow issue whether detention incommunicado considered alone violates due process since majority disposition case causes reach constitutional issue neither necessary appropriate discuss complaint nine counts seeks assert claim favor monroe monroe children respectively petitioners abandoned claims asked determine applicability sections facts alleged murder asserted examining officers committed two days october drawing upon reasoning cases wall decision determined rights privileges secured constitution laws inherent status individual citizen national government see ex parte yarbrough guinn necessary integrity federal governmental institution see motes compare logan powell created congress legitimate exercise article powers see waddell brought attention congress rights privileges immunities extensive phrase privileges immunities used fourteenth amendment prohibiting state abridging privileges immunities citizens cong globe app whoever color law statute ordinance regulation custom willfully subjects inhabitant state deprivation rights privileges immunities secured protected constitution laws shall fined imprisoned one year civil liability always drawn indefinite standards reasonable care man ordinary prudence foreseeability etc see baltimore ohio groeger miller strahl see koehler cir clark cir crews cases cited way approval petitioners also rely equal protection clause disposition litigation majority makes unnecessary discuss aspect case snyder massachusetts see twining new jersey powell alabama palko connecticut betts brady gibbs burke rochin california ala art alaska art ariz art ii ark art ii cal art colo art ii conn art del art fla declaration rights ga art hawaii art idaho art ill art ii ind art iowa art kan bill rights ky bill rights la art art md declaration rights art mass pt art xiv mich art ii minn art miss art mo art mont art iii neb art nev art pt art art par art ii art civil rights law art art ohio art okla art ii ore art pa art art art art vi tenn art tex art utah art vt art va art wash art va art iii wis art wyo art see huckle money wils wilkes wood tr bessemer eidge cooley constitutional limitations ed fraenkel concerning searches seizures harv rev containing collection authorities see thurman state compare simpson state tex cr mcclannan chaplain note common legislative proscription upon search private homes officers otherwise authorized make entries enforcement prohibition laws regulatory statutes national prohibition act tit ii stat see cornelius search seizure ed see hale pleas crown wilson ed see people cahan cal sarafini san francisco cal app ware dunn cal app walker whittle app people dalpe hart state ind johnson commonwealth app deaderick smith app various analyses enabled find state action situations presented barney new york plainly appropriate consideration question whether given instance official conduct color state law nashville browning moines bank bennett came certiorari state proceedings coulter louisville nashville raymond chicago traction held accepted administrative usage exercise power specifically conferred state legislation wholly dependent upon legislation coercive effects might constitute action state present cognizable federal question see memphis cumberland tel tel similarly home tel tel los angeles held existence state constitution provisions coincident federal constitution ipso facto immunize state officials original jurisdiction federal courts none cases implication drawn pertinent interpretation see note supra shellabarger chairman house select committee authored act april whose first section reported house section modeled upon second section act april stat two sections intended cover cases qualifications relevant cong globe app see also provision substantially form seventeenth eighteenth sections act may stat revision provision turn patterned present see screws sections consistently read coextensive reach acts color state authority picking pennsylvania cir burt city new york cir mcshane moldovan cir geach moynahan enacted provision reached acts taken color law statute ordinance regulation custom usage state stat emphasis added revised statutes law omitted section although law retained parallel criminal provision amended jurisdictional provisions deletion appears reviser draft without explanation revision statutes draft alteration statutory coverage permissibly based upon change jurisdictional provisions may found carter greenhow bowman chicago ry giles harris devine los angeles myers anderson nixon herndon lane wilson douglas jeannette one case involving state constitution statute ordinance instance state judicial action green elbert see prov davis prov holt indiana mfg moyer peabody hague cf smith allwright northwestern fertilizing hyde park fed cas baltimore ohio allen tuchman welch schandler bottling welch hemsley myers davenport cloverport fraser mcconway torley crystal springs land water los angeles cal aff see california oil gas miller cal aultman taylor brumfield ohio app dism wadleigh newhall cal farson city chicago brickhouse brooks simpson geary raich truax aff marcus brown holding pollak west bliley aff cir trudeau barnes cir jones oklahoma city cir mitchell greenough cir blackman stone cir city manchester leiby cir hannan city haverhill cir hume mahan supp rev sales mcnutt supp ind gobitis minersville school supp supp aff cir rev connor rivers supp aff ghadiali delaware state medical society supp del mills board education supp md bluford canada supp mo app dism cir kennedy city moscow supp idaho cases parallel jurisdictional provisions invoked note jones farson cases supra defendant conduct specifically authorized local ordinance although plaintiffs asserted invalidity ordinances state well federal law cases relief denied ground state action shown within rule barney new york group cases involving acts authorized state law must added miller rivers supp rev moot cir state governor several times authorized action violation state restraining orders finally declaring martial law face state judicial decrees two reported criminal prosecutions also involved conduct sanctioned state law buntin ohio stone md cf horton fed cas semble brawner irvin one case decided prior classic federal district distinctly decide similar police misconduct unauthorized state law color state law sutherland supp unreported case cowan la said reached similar result see atty brief classic neither two cases appear examination legislative history color statutes reasoning offered support conclusion courts dismissed indictment ground right secured discussed color issue supp government brief contended inasmuch civil rights statutes passed enforce fourteenth amendment read coextensive color state law coincident state action developed state action concept classic brief argued point though urging state action contention ex parte virginia arose federal legislation penalizing officer person charged duty selection summoning jurors discriminated grounds race color previous condition servitude choosing juries issue whether provision constitutionally applied state judge discriminated administration state statute fair face home tel tel los angeles posed question whether enforcement allegedly confiscatory municipal regulatory ordinance state action purposes federal district arising jurisdiction mayor officials jersey city charged concerted program discriminatory law enforcement intended drive union organizers city acts upon amenability suit predicated enforcement municipal ordinance held unconstitutional face enforcement second ordinance manner willfully discriminated union organizers acts authority ordinance statute committed color municipal office part deliberate municipal policy appeals third circuit held facts three classes conduct viewed together constituted state action affirmed modified decree without considering point classic case isolated color issue question state action indicated opinions snowden hughes latter case arose yet although state action principle basis decision prominently treated two opinions reference made color phrase brief petitioners screws et al contains citation legislative history brief several citations intended demonstrate purpose civil rights acts enforce fourteenth amendment protect rights secures citations employed purpose may found plurality opinion sets forth one bit legislative material statement made debate senator davis kentucky opponent act effect act repeal penal laws see cong globe sess see plurality dissent two statements set forth text notes infra plurality opinion also contains references aspects legislative history another context see note supra separate opinion justice rutledge twice adverts legislative materials regard matters relevant pertinently particular reference position opponents act legislation invade province setting forth senator davis statement see note supra justice murphy also writing separately discuss color issue neither opinion briefs williams contain citation legislative history civil rights acts true screws williams congress without material change section present case implications might appraised yet whatever tenuous thread legislative approbation screws might drawn kind congressional action involved enactment whole criminal code way new title attempt tangle thread statute touched congress three quarters century exceed bounds fictionally implied legislative adoption mine workers harriss phillips petroleum wisconsin galvan press textile workers lincoln mills act september stat provides person whether acting color law otherwise shall intimidate threaten coerce attempt intimidate threaten coerce person purpose interfering right person vote election held solely part purpose selecting electing candidates designated federal offices enactment course conceivable manner considered congressional adoption approbation constructions color clause classic screws williams sufficient reason among others statute employs clause go beyond manifesting purpose expression color law otherwise reach individual conduct class described whether color law whatever color law may mean see sess provisions reported house committee judiciary made subject similar see especially civil rights act stat twice use clause color law contexts wholly different section act requires every officer election retain preserve specified period records papers come possession relating acts requisite voting election wherein candidates designated federal offices voted section comprises use color language house bill subject sess defines officer election person color federal state commonwealth local law statute ordinance regulation authority custom usage performs authorized perform function duty task connection application registration payment poll tax act requisite voting election votes cast candidates designated federal offices provisions like act limited scope reaching certain conduct affecting federal elections section act provides proceeding instituted attorney general preventive relief deprivation account race color certain voting rights see amended act september stat shall proper request make finding whether deprivation pursuant pattern practice finds pattern practice person race color resident within affected area entitled specified period order declaring qualified vote upon proof election elections qualified state law vote since finding deprived denied color law opportunity register vote otherwise qualify vote found qualified vote person acting color law whatever meaning color law may employed congress use phrase narrowly limited context applying situation voting rights infringed grounds race color pursuant pattern practice reasonably taken indicative congressional attitude toward one another possible construction color sweeping context said quite apart consideration little weight may properly given inferences drawn silence minority reports congressional committees especially committees sitting almost century enactment legislation question people grod people dalpe people brocamp see rev ill art ii see bucher krause see cong globe sess see fleming documentary history reconstruction reprint commager documents american history ed typical black code provisions dispassionate appraisal codes possible turbulence reconstruction found randall civil war reconstruction cong globe sess see also light thrown upon distinction deprivation right violation deprivation competent organs state comparison language establishing liability deprivation rights privileges immunities secured constitution stat provisions criminal conspiracy section act penalizing conspiracies intimidate person order hinder free exercise enjoyment right privilege granted secured constitution stat cf civil rights cases senator trumbull introduced bill cong globe sess cong globe sess cong globe sess sherman remarks addressed specifically section paralleled color language whole pending senate amendment substitute house bill compare senate amendment containing color provision modeled act act finally enacted immediately derived stat emphasis added cong globe app shellabarger chairman house select committee drafted ku klux act reporting committee described first section modeled second section first civil rights act ibid debate act shellabarger said earlier provision meant usurp powers punish offenses generally rights citizens several whole force expended defeating attempt state laws deprive races members thereof rights enumerated act cong globe sess cong globe sess claim several times repeated debate bill operated absorb entire jurisdiction local domestic affairs bring private grievances federal courts exceptions app criticisms directed act first section see also app one opposition speaker object specifically providing federal forum deprivation suitor rights although offenses committed may common violations municipal law state app one supporter measure argued fourteenth amendment gave congress power enact general criminal law necessary protection citizens privileges immunities due process equal protection clauses said act model act punished acts otherwise mere misdemeanors state law two remarks assertions throughout hundreds pages debate might reach conduct state law proscribed proponents bill addressing charge federal insisted support measure understood presume enter upon realm protection rights traditionally reserved see notes infra see statement senator edmunds bill undertake interpose regular order administration law attempt deprive state honor due punishment crime act effect object conspiracy rendered conspirators guilty felony impetus enactment ku klux act president grant message congress asserting condition existed rendered life property insecure beyond power state authorities control see app throughout debates bill note repeated need federal action supplant state administration failing provide effective protection private rights app constitutional authority federal action sought logic ordered fourteenth amendment deny equal protection laws state effect denied protection legislation face unequal whenever judicial executive authorities consistent course practice permanently rule refused enforce laws protection class persons see app deemed prerequisite validity congressional action implementation amendment theory less state permitting rights citizens systematically trampled upon without color law systematic failure make arrests put trial convict punish offenders national government thought powerless intervene regulate mere assault battery arson murder law believed sufficient cover cases officers justice amply able arrest punish offenders see also perry assertion app wrongs congress may remedy injuries inflicted mere individuals upon ordinary rights individuals injuries inflicted color state authority conspiracies unlawful combinations least tacit acquiescence state authorities wrongs susceptible adequate redress state courts evidently concern congress congress attempt reach wrongs general garfield app far section punishes persons color state law shall deny refuse others equal protection laws give cheerful support provide congressional enactment punish mere violation state law pass line constitutional authority objection taken specifically act authorizing federal executive intervention certain circumstances see also app farnsworth objection vigorously opposed extending encompass individual action farnsworth regarded fourteenth amendment directed exclusively discriminations state legislation approval indicates understanding referred conduct authorized legislation garfield seems agreed reach even systematic maladministration state law fair face see app shellabarger proposed amendment meet constitutional objections original form section evoked see app numerous members majority party thereupon withdrew opposition bill see app form second section finally enacted relevant part substantially two persons state conspire purpose depriving either directly indirectly person class persons equal protection laws equal privileges immunities laws purpose preventing hindering constituted authorities state giving securing persons within state equal protection laws one persons engaged therein cause done act furtherance object conspiracy whereby another injured person property deprived exercising right privilege citizen party injured deprived may action recovery damages occasioned injury deprivation one conspirators see stat shellabarger emphasized purpose change make gist offense deprivation equality rights deprivation rights alone cong globe sess representative poland argued unconstitutionality original ground sought extend federal protection private persons property whereas fourteenth amendment guaranteed equal protection leaving free protect protect whatever interests chose long protection afforded amendment met objection poland supported bill finding cause concern language congressmen opposed initial form found constitutional impediment enactment see trumbull app storm garfield willard farnsworth objected even amended form voiced adverse criticism slater also opposing argued congress assert general criminal jurisdiction contended section also assert general civil jurisdiction protection persons property apparently regard threatening assertion app fact relatively little opposition see many vociferous opponents act assail section app objections suggest section usurped state power assuming concurrent authority redress violations quite opposite attacked section penalizing state judges legislators administrative officials acting full obedience state law solemn official oath though pure duty saint app see app sheldon see also frelinghuysen app porter app sloss app app app one significant objection made reveals opponents comprehension scope objected section unnecessary inasmuch amendment fourteen supremacy clause longer danger violation rights citizens color laws app blair appellate jurisdiction judiciary act providing review writ error state judgments sustaining state authority federal constitutional challenge striking asserted federal authority regarded offering sufficient protection deprivations rights covered app storm see note supra cong globe sess app app see note supra fourteenth amendment historical product destroy history jackman rosenbaum last twenty years lower federal courts encountered volume litigation seeking civil rights act redress variety wrongs ranging arbitrary refusal housing department officials issue architect certificates burt new york cir allegedly malicious charges made state grand jury lyons baker plaintiffs sought redress signers mandamus petition parties state mandamus proceeding compel city commissioners hold local referendum lyons dehon cir state officials administering local wpa project refusing employ plaintiff instituting insanity proceedings love chandler cir adversaries judge state civil judicial proceeding egregious error resulting holding plaintiffs alleged bottone lindsley cir campo niemeyer cir cf moffett commerce trust courts refused convert otherwise ordinary claims false imprisonment malicious prosecution assault battery civil rights cases basis conclusory allegations constitutional violation lyons weltmer cir mcguire todd cir curry ragan cir deloach rogers cir agnew city compton see valle stengel cir case decides number novel difficult questions federal constitutional law alleged conduct defendant sheriff held actionable violation state law see foote tort remedies police violations individual rights rev barrett exclusion evidence obtained illegal searches comment people cahan cal rev cf edwards criminal liability unreasonable searches seizures rev see state use brooks wynn miss common law seems still retain sufficient flexibility fashion adequate remedies lawless intrusions compare cases cited wolf colorado bull armstrong sarafini san francisco cal app ware dunn cal app walker whittle app johnson atlantic coast line deaderick smith app practical impediment civil rights act relief posed requirement efficient process judicial administration might well require plaintiff present federal constitutional contention state courts along contentions assert federal unconstitutionality maintaining defense state authorization tort action cf angel bullington course federal contention properly presented state courts plaintiff open review adverse judgment plaintiff successful effect disposition return plaintiff state courts measure relief see note supra cf civil rights cases see nashville browning organs state conforming practice systematic unbroken forty years questioned first time narrow conception jurisprudence confine notion laws found written statute books disregard gloss life written upon settled state practice supplant constitutional guarantees establish state law deeply embedded traditional ways carrying state policy petitioner complains often tougher truer law dead words written text jurisdiction federal district invoked vindicate claim finds defendants conduct color state law difficult questions may also arise whether nevertheless determine respective rights parties state law doctrine hurn oursler bell hood see california water service city redding massachusetts universalist convention hildreth rogers cir robinson stanley home prods petitioners case never throughout litigation raised issue possible application hurn rule circumstances issue among questions presented petition certiorari rule subpar therefore intention intimate opinion novel problem federal jurisdiction claims pendent case suffice say whatever application hurn may situations application entail different level federal judicial involvement adjudication rights individuals state interpretation petitioners urge whatever incursion areas conventionally exclusive competence jurisdiction pendent claim might entail touch considerations peculiar rather concern hurn doctrine see history ku klux act described supra notes excellent picture background legislative struggle see mckitrick andrew johnson reconstruction see cong globe sess app app see lane wilson see pages debate cited note supra section gave district circuit courts concurrent jurisdiction causes civil criminal affecting persons denied enforce courts judicial tribunals state locality may rights secured first section act provided jurisdiction civil criminal matters hereby conferred district circuit courts shall exercised enforced conformity laws far laws suitable carry effect cases laws adapted object deficient provisions necessary furnish suitable remedies punish offenses law common law modified changed constitution statutes state wherein jurisdiction cause civil criminal held far inconsistent constitution laws shall extended govern said courts trial disposition cause act april stat except course time act february stat repeal act march stat federal question jurisdiction conferred act march stat recognition situation underlies comments blair storm see note supra debate among senators edmunds trumbull carpenter referred concurring opinion see especially cong globe sess carpenter speaks fourteenth amendment enforcement clause working one fundamental one great tremendous revolutions effected government article constitution see remarks dawes member committee reported ku klux bill first remedy proposed bill resort courts proper place find redress wrongs power call courts offender rights privileges immunities hold account either civilly criminally infringement submit calm candid judgment every member house tribunal fitted equal exact justice likely meted temper moderation severity need always according law fact great tribunal constitution whenever denial equal protection state courts justice nation stand open doors ready receive hear impartial attention complaints denied redress elsewhere may come weak poor downtrodden assurance shall heard may come man smitten many stripes ask redress may come nation majesty demand trial punishment offenders tribunals closed means made effectual thus suppress wrongs say try courts mere local influence county courts judges act independence put terror local judges sympathies nearly identified vicinage jurors taken state neighborhood able rise prejudices bad passions terror easily marshal clothed power sheriff make arrests certainty aid general government seize offenders spite banded combined resistance may expected thus least men disregard law brought trial stop rest acting solemn obligations duty country god trust afraid institutions grim shadow state step national like goblin terrify us harmless helpless ghost drive us tribunal state mocks justice state licenses outlawry state stands dumb lash torch pistol lifted every night quiet citizen believe trust courts propose suggested congress knew existed state constitutional guarantees state legislation might fall afoul nevertheless found debates explanation exception general rule obtain applied conduct authorized state statute ordinance regulation custom usage violative state constitution regard application exception misconceive incidence regarding operation wrong perspective question whether official action come within statute depends upon state law action violate upon state law authorize action state authorization congress aimed authorization living functioning law state authorization strict conformity may become unheeded pattern words upon closed pages state books legal learning meant reach deeply embedded traditional ways carrying state policy often tougher truer law dead words written text see note supra terms reached case supposed brother harlan matter exception need explanation natural logic section ku klux act attached civil criminal liability conspiracy purpose either directly indirectly depriving person class persons equal protection laws equal privileges immunities laws purpose preventing hindering constituted authorities state giving securing persons within state equal protection laws stat civil provisions section carried forward amended found criminal provisions carried forward declared unconstitutional harris baldwin franks see cong globe sess app fourteenth amendment provides state shall deprive person life liberty property without due process law state shall deny person within jurisdiction equal protection laws clear congress believed denial worked deprivation required thus scope federal enforcing power equal protection clause reached respect situations assertion legitimate state authority equivalent scope power due process privileges immunities clauses see app appears acceptable amended original form snowden hughes see also lisenba california agree appropriate occasion pass upon construction appreciation nature character ku klux klan appeared congress see voluminous report joint select committee inquire condition affairs late insurrectionary published pts pts sess compare people frugoli fulford people kelly considering detention monroe isolable invasion monroe home purposes applying one ignore treatment cases cases coming state courts looked whole sequence activity state authorities pertinent prosecution criminal defendant malinski new york concurring opinion joined made majority view watts indiana turner pennsylvania harris south carolina gibbs burke cases differ one bar precisely fact come sustaining criminal conviction highest state competent act matter cases processes law administration state rendered final judgment state law federal question presented whether conviction light totality events leading conviction violated due process question instant case much narrower one whether petitioners alleged conduct color state authority deprives fourteenth amendment right thus brought respondents conduct within specific requirements statute initiating litigation federal district