Albright v. Oliver, 510 U.S. 266, 50 (1994)

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Cite as: 510 U. S. 266 (1994)

Stevens, J., dissenting

state remedy, and the latter need not be first sought and refused before the federal one is invoked") (overruled in part not relevant here, Monell v. New York City Dept. of Social Servs., 436 U. S. 658, 664-689 (1978)).

The remedy for a violation of the Fourteenth Amendment's Due Process Clause provided by § 1983 is not limited, as Justice Kennedy posits, ante, at 285, to cases in which the injury has been caused by "a state law, policy, or procedure." One of the primary purposes of § 1983 was to provide a remedy "against those who representing a State in some capacity were unable or unwilling to enforce a state law." Monroe v. Pape, 365 U. S., at 175-176 (emphasis in original). Therefore, despite his suggestion to the contrary, ante, at 285, Justice Kennedy's interpretation of Parratt is in direct conflict with both the language and the purposes of § 1983. See Monroe v. Pape, 365 U. S., at 172-187.

Section 1983 provides a federal cause of action against "[e]very person" who under color of state authority causes the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws." 42 U. S. C. § 1983. The Parratt doctrine is reconcilable with § 1983 only when its application is limited to situations in which no constitutional violation occurs. In the context of certain deprivations of property, due process is afforded—and therefore the Constitution is not violated—if an adequate postdeprivation state remedy is available in practice to provide either the property's prompt return or an equivalent compensation. See Bonner v. Coughlin, 517 F. 2d, at 1320. In other contexts, however, including criminal cases and most cases involving a deprivation of liberty, the deprivation is complete, and the Due Process Clause has been violated, when the loss of liberty occurs.37 In those contexts, any postdeprivation

37 Postdeprivation procedures may provide adequate due process for deprivations of liberty in limited circumstances. See, e. g., Zinermon v. Burch, 494 U. S., at 132 ("[I]n situations where a predeprivation hearing is unduly burdensome in proportion to the liberty interest at stake . . . or

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