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42 U.S.C. ยง 1983

473 bytes added, 02:46, 14 August 2007
The first requirement is known as the [[state action]] requirement. Plaintiff must prove that conduct was "fairly attributable to the state," and attribution is limited because it "preserves an area of individual freedom by limiting the reach of federal law and federal judicial powers." ''Lugar v. Edmondson Oil Co., Inc.'', 457 U.S. 922, 936 (1982).
In ''Monell v. Department of Social Services'', the [[U.S. Supreme Court]] held that municipalities and local governments can be sued if the action was attributable to an official policy. They do not enjoy absolute immunity. But the defendant municipal officials must have had "final policymaking authority" to bind the municipality.
The Eleventh Amendment prohibits Section 1983 claims against states and therefore state officials.
[[Category:United States law]]
[[Category:US Supreme Court Cases]]
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