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96 Chi.-Kent L. Rev. 247 (2021-2023)
Qualified Immunity under Section 1983: The Protective Veil of "Clearly Established"

handle is hein.journals/chknt96 and id is 263 raw text is: 


                                  EVA  DICKEY*


     In 1871,  in the midst of Reconstruction,  Congress  passed  An  Act to
enforce the Provisions  of the Fourteenth Amendment to the Constitution of
the United  States, which came  to be known  as both the Ku  Klux  Klan  Act
(Ku  Klux  Act) and  the Civil Rights Act  of 1871.1 Section  1 of this Act
     That any person who, under color of any law, statute, ordinance, regula-
     tion, custom, or usage of any State, shall subject, or cause to be subject-
     ed, any person  within the jurisdiction of the United  States to the
     deprivation of any rights, privileges, or immunities secured by the Con-
     stitution of the United States, shall .. . be liable to the party injured in
     any action at law, suit in equity, or other proper proceeding for re-
     dress .... 2
     The  objectives of the Ku Klux  Act were  to override certain state laws,
furnish a remedy   where  state law was  inadequate,  and provide  a federal
remedy  where  the state remedy,  though adequate  in theory, was not availa-
ble in practice for the protection of freedmen  and  Union  sympathizers  in
the South  after the Civil War.3  Despite these lofty goals, this statute laid
mostly  dormant  until the mid-twentieth  century  when  the  Supreme   Court
began  to incorporate the Bill of Rights to the states.4 The Court first inter-

* Eva Dickey is a graduate of Chicago-Kent College of Law, Class of 2020 and works at Romanucci &
Blandin, LLC in Chicago, Illinois. I would like to thank Professor Sheldon Nahmod for his support and
encouragement, particularly in the writing of this note and guidance in my study of the law of section
1983. 1 would also like to thank Professor Kent Streseman for seeing my potential, taking a chance, and
pushing me to do the hard work. To Paige Smith, Rachel Gray, and the student editors at Chicago-Kent
Law Review, this note would not be what it was without your dedication, assistance, and advice. Thank
you all for your hard work in improving this note.
     1. Ku Klux Klan Act of 1871, 17 Stat. 13 .
     2. Id., section 1.
     3. Monroe v. Pape, 365 U.S. 167, 173-74 (1961); see also, District of Columbia v. Carter, 409
U.S. 418, 425 (1973).
    4.  Sheldon Nahmod, The Long and Winding Road from Monroe to Connick, 13 LOY. J. PUBL.
INT. L. 427, 428-29 (2012).


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