Changes

Some courts have found 42 U.S.C. § 1981 applicable in the context of a civil suit to police misconduct in detaining or arresting a person solely on the basis of race. Grier by Grier v. Galinac, 740 F. Supp. 338 (D.M.D. Pa. 1990); Melson v. Kroger, 550 F. Supp. 1100 (D. Ohio 1982); Spriggs v. City of Chicago, 523 F. Supp. 138 (D. III. 1981). Without critically analyzing these pre-1991 cases, it is sufficient to note the cases did not consider the issue of suppression of evidence or dismissal of a criminal prosecution. They concerned a civil remedy and appear to be generous in the interpretation of § 1981 as distinct from 42 U.S.C. § 1983. The statute is not applicable to the relief sought in this case or to a situation where no seizure has occurred. The exclusionary rule sought to be applied in this case comes from the Fourth Amendment Weeks v. United States, 232 U.S. 383, 58 L. Ed. 652, 34 S. Ct. 341 (1914). 42 U.S.C. § 1981 does not have application to the issue of suppression of evidence, that remedy must be based on a constitutional violation of the Fourth Amendment. c.f. United States v. Calandra, 414 U.S. 338, 38 L. Ed. 2d 561, 94 S. Ct. 613 (1974); United States v. Janis, 428 U.S. 433, 49 L. Ed. 2d 1046, 96 S. Ct. 3021 (1976). The remedy of suppression is one provided by judicial decision for protection of Fourth Amendment interests. United States v. Leon, 468 U.S. 897, 82 L. Ed. 2d 677, 104 S. Ct. 3405 (1984). Congress has provided no such remedy under 42 U.S.C. § 1981.

Some courts have found 42 U.S.C. § 1981 applicable in the context of a civil suit to police misconduct in detaining or arresting a person solely on the basis of race. Grier by Grier v. Galinac, 740 F. Supp. 338 (D.M.D. Pa. 1990); Melson v. Kroger, 550 F. Supp. 1100 (D. Ohio 1982); Spriggs v. City of Chicago, 523 F. Supp. 138 (D. III. 1981). Without critically analyzing these pre-1991 cases, it is sufficient to note the cases did not consider the issue of suppression of evidence or dismissal of a criminal prosecution. They concerned a civil remedy and appear to be generous in the interpretation of § 1981 as distinct from 42 U.S.C. § 1983. The statute is not applicable to the relief sought in this case or to a situation where no seizure has occurred. The exclusionary rule sought to be applied in this case comes from the Fourth Amendment Weeks v. United States, 232 U.S. 383, 58 L. Ed. 652, 34 S. Ct. 341 (1914). 42 U.S.C. § 1981 does not have application to the issue of suppression of evidence, that remedy must be based on a constitutional violation of the Fourth Amendment. c.f. United States v. Calandra, 414 U.S. 338, 38 L. Ed. 2d 561, 94 S. Ct. 613 (1974); United States v. Janis, 428 U.S. 433, 49 L. Ed. 2d 1046, 96 S. Ct. 3021 (1976). The remedy of suppression is one provided by judicial decision for protection of Fourth Amendment interests. United States v. Leon, 468 U.S. 897, 82 L. Ed. 2d 677, 104 S. Ct. 3405 (1984). Congress has provided no such remedy under 42 U.S.C. § 1981.

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