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13 W. St. U. L. Rev. 201 (1985-1986)
Parratt, Liberty, and the Devolution of Due Process: A Time for Reflection

handle is hein.journals/wsulr13 and id is 207 raw text is: Parratt, Liberty, and the Devolution of Due Process: A Time for Reflection Bonnie Moore* INTRODUCTION Section 1 of the Civil Rights Act of 1871,1 the predecessor of section 1983 of Title 42 of the United States Code,2 was enacted for the express purpose of enforcing the provisions of the fourteenth amendment.3 Sec- tion 1 was designed to both deter those acting under color of state law from violating individuals' rights protected by the fourteenth amendment and to compensate those who were the victims of such abuses of state power in vindication of these constitutional rights.4 The fourteenth amendment thus was the centerpiece of section L' Before a general grant of federal question jurisdiction was conferred Associate, Cleary, Gottlieb, Steen & Hamilton, New York, N.Y.; Member New York Bar; J.D., U.C.L.A. Law School; B.A., U.S.C.; Law Clerk to the Honorable Warren J. Ferguson, Circuit Judge, United States Court of Appeals for the Ninth Circuit, 1984-85. 1. Act of April 20, 1871, ch. 22, § I, 17 Stat. 13. 2. Section 1983 provides as follows: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the depriva- tion of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. 42 U.S.C. § 1983 (Supp. V 1981). 3. Indeed, the title of the original legislation, An Act to enforce the Provisions of the Four- teenth Amendment to the Constitution of the United States and for other Purposes, makes this purpose plain. Monroe v. Pape, 365 U.S. 167, 171 (1961)(quoting Act of April 20, 1871, 17 Stat. 13). See also Patsy v. Board of Regents, 457 U.S. 496, 503 (1982XThe Civil Rights Act of 1871, along with the Fourteenth Amendment it was enacted to enforce, were crucial ingredients in the basic alteration of our federal system accomplished during the Reconstruction Era.); Mitchum v. Foster, 407 U.S. 225, 238 (1972)(section 1983 was enacted for the express purpose of enforcing the provisions of the fourteenth amendment); Developments in the Law-Section 1983 and Federalism, 90 HARV. L. REv. 1133, 1169 (1977)(the ambit of the statute is determined by that of the four- teenth amendment which it was enacted to enforce). 4. See Burnett v. Grattan, 104 S. Ct. 2924, 2931 (1984); Robertson v. Wegmann, 436 U.S. 584, 591 (1978); Carey v. Piphus, 435 U.S. 247, 254-57 (1978). 5. Wilson v. Garcia, 105 S. Ct. 1938, 1948 (1985); Mitchum v. Foster, 407 U.S. 225, 239 (1972). Indeed, section 1 was one of the means whereby Congress exercised the power vested in it by § 5 of the Fourteenth Amendment to enforce the provisions of that Amendment. Monroe v. Pape, 365 U.S. 167, 171 (1961)(footnote omitted).

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