Anderson v. City of Pocatello

At the time that this case was originally briefed and argued to this Court, the controlling federal authority interpreting a 42 U.S.C. § 1983 cause of action was the case of Parratt v. Taylor, 451 U.S. 527, 101 *191S.Ct. 1908, 68 L.Ed.2d 420 (1981), which held that mere negligent conduct on the part of police officers could implicate the remedial provisions of § 1983. However, following the argument in this case, but prior to the release of our initial opinion, the United States Supreme Court, in two very significant opinions, reversed the ruling in the Parratt case and concluded that mere…