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42 U.S.C. § 1983

5 bytes removed, 00:42, 13 July 2016
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'''42 U.S.C. § 1983''', popularly known as "'''Section 1983'''," is a [[federal]] [[law]] that allows [[lawsuit]]s for violations of [[constitutional]] rights.
Section 1983 establishes a cause of action for any person who has been deprived of rights secured by the Constitution or laws of the United States by a person acting under color of state law. A [[plaintiff]] must prove that (1) the conduct was committed by a person acting under color of state law and (2) that as a result of this conduct plaintiff was deprived of rights, privileges or immunities secured by the Constitution or the laws of the United States.
A cause of action under Section 1983 requires four elements:
<br><br>1. # conduct by a "person"<br><br>2. # who acted under "color of law"<br><br>3. # and proximately caused<br><br>4. # a deprivation of federally protected rights.
== Defenses ==
* ''Committee of United States Citizens v. Reagan'', 859 F.2d 929, 944 (D.C. Cir. 1988) ("Because the fact of a state law violation does not resolve whether a plaintiff has been deprived of due process, the manner in which the violation occurs as well as its consequences are crucial factors to be considered.")
==References=={{Reflist}} [[Category:United States lawLaw]][[categoryCategory:United States Supreme Court Cases]][[categoryCategory:Section 1983]]
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