42 USC 1983

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Matix
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42 USC 1983

Postby Matix » Sat Dec 04, 2010 3:02 am

Is anyone else studying 42 USC 1983 (Constitutional Torts) for their Torts class? Does this only apply to officials with legal power (police officers, judges, etc.) or can this apply to anyone who deprives another of a constitutional right?

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PDaddy
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Re: 42 USC 1983

Postby PDaddy » Sat Dec 04, 2010 3:11 am

Even I know this one. it's deprives anyone "acting under color of state law" from abridging the constitutional right of another citizen. That means they must be empowered by the state in some way. The answer to your question is a resounding "no", it does not apply to anyone.

Melkaba
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Re: 42 USC 1983

Postby Melkaba » Sat Dec 04, 2010 9:49 am

PDaddy wrote:Even I know this one. it's deprives anyone "acting under color of state law" from abridging the constitutional right of another citizen. That means they must be empowered by the state in some way. The answer to your question is a resounding "no", it does not apply to anyone.


Pretty much this. Interestingly, you cannot sue the state/or government under vicarious liability for a 1983 claim.

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20160810
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Re: 42 USC 1983

Postby 20160810 » Sat Dec 04, 2010 5:11 pm

G. T. L. Rev. wrote:
Melkaba wrote:
PDaddy wrote:Even I know this one. it's deprives anyone "acting under color of state law" from abridging the constitutional right of another citizen. That means they must be empowered by the state in some way. The answer to your question is a resounding "no", it does not apply to anyone.


Pretty much this. Interestingly, you cannot sue the state/or government under vicarious liability for a 1983 claim.

True, but a municipality can be liable if a deprivation was brought about by a policy or custom. City of Canton v. Harris, 489 U.S. 378, 385 (1989).

Also under some circumstances deliberate indifference to deprivation of constitutional rights or failure to train which amounts to deliberate indifference to certain future deprivations caused by that failure to train (this one doesn't seem to be successfully alleged very frequently though).




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