42 USC 1983 Forum

[Matix]

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?

[PDaddy]

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]

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.

[20160810]

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).