Difference between revisions of "42 U.S.C. § 1983"

From Conservapedia
Jump to: navigation, search
m (Reverted edits by ConservativeChet (Talk); changed back to last version by Aschlafly)
Line 1: Line 1:
 
42 U.S.C. § 1983, popularly known as "Section 1983," is a federal law that allows lawsuits for violations of constitutional rights.
 
42 U.S.C. § 1983, popularly known as "Section 1983," is a federal law that allows lawsuits 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 colour of state law.  A plaintiff must prove that (1) that 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.  
+
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) that 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.  
  
 
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).
 
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).

Revision as of 22:57, 10 March 2007

42 U.S.C. § 1983, popularly known as "Section 1983," is a federal law that allows lawsuits 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) that 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.

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).