Albright v. Oliver, 510 U.S. 266 (1994), was a United States Supreme Court case in which the Court held that there is no substantive due process violation that creates liability under Section 1983 when the police arrests someone for conduct that is not unlawful.[1] It was a plurality decision.[2]

Albright v. Oliver
Decided January 24, 1994
Full case nameAlbright v. Oliver
Citations510 U.S. 266 (more)
Holding
There is no substantive due process violation that creates liability under Section 1983 when the police arrests someone for conduct that is not unlawful.
Court membership
Chief Justice
William Rehnquist
Associate Justices
Harry Blackmun · John P. Stevens
Sandra Day O'Connor · Antonin Scalia
Anthony Kennedy · David Souter
Clarence Thomas · Ruth Bader Ginsburg
Case opinions
PluralityRehnquist, joined by O'Connor, Scalia, Ginsberg
ConcurrenceScalia
ConcurrenceGinsberg
ConcurrenceKennedy, joined by Thomas
ConcurrenceSouter
DissentStevens, joined by Blackmun
Laws applied
14 U.S.C. 1983

References

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  1. ^ Albright v. Oliver, 510 U.S. 266 (1994)
  2. ^ Lieberman, Jethro K. (1999). "Constitutional Torts". A Practical Companion to the Constitution. p. 123.
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