Monroe v. Pape

365 U.S. 167 (1961)

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Nature of the Case

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Facts

Monroe (P) alleged that 13 Chicago police officers broke into his home, routed him from bed, made him stand naked in the living room and ransacked every room, emptying drawers and ripping mattress covers. It further alleged that P was taken to the police station for 10 hours while being interrogated about a murder, that he was not taken before a magistrate, he was not permitted to call family or attorney, and that he was subsequently released without criminal charges being preferred. It was alleged that the officers had no search warrant and no arrest warrant and that they acted under color of Illinois and Chicago laws, statutes and regulations and customs. The City of Chicago (D) moved to dismiss; it was not liable under the Civil Rights Act for acts committed in performance of its governmental functions. The complaint was dismissed. The Court of Appeals confirmed.