quick conlaw question

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quick conlaw question

Postby GMVarun » Sat Apr 30, 2011 1:34 am

Let's say there is a statute "ABC." There is nothing in the statute that gives X a cause of action against anyone. X violates statute ABC. In my understanding, X can raise equal protection, due process, etc. as defenses to the statute.

My question is can X, as a plaintiff, sue for damages, or an injunction, for said equal protection, due process, etc. violations? Or does there need to be some statute that grants X the authority to bring a cause of action?

If so, can someone explain how this works? Like what are his damages going to be? Is it punitive damages? Injunction makes more sense to me, to prevent imminent and real future constitutional violations (assuming that he has standing, etc).



Posts: 145
Joined: Tue Jun 17, 2008 5:24 pm

Re: quick conlaw question

Postby ak362 » Sat Apr 30, 2011 11:31 am

While there are other statutory provisions, 42 U.S.C. 1983 provides the vehicle for filing a civil suit for the deprivation of constitutional rights.

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