Can federal admin law violations provide a basis for 1983? Forum

[2009 Prospective]

Can federal administrative regulations give rise to a Section 1983 action or must the action be based only on either a violation of federal statutory, federal common law, or constitutional law?

[Renzo]

This question is hard to answer in the abstract, because every administrative regime is implementing a statute. It's hard to think of examples of "rights" that are created purely by regulation (as opposed to the underlying statute), except for procedural rights. And if the procedural rights were denied, there's a constitutional basis for the 1983 claim.

[luthersloan]

The short answer is no, section 1983 only applies the actions of persons acting under color of state law, (or DC or the territories) the claim would have to be a Bivens action.

[2009 Prospective]

Thanks for the answers. After closer studying since I asked the question, I think I've got a better handle on things. My question wasn't particularly well articulated but I think Renzo figured out what I was asking. I wasn't asking about the "under color of state law" requirement but rather wondering to what extent federal administrative regulations can create substantive rights from which to form a basis of a 1983 suit if those rights were violated by a state officer etc. I think my understanding largely goes along with Renzo's understanding at this point.

[smittytron3k]

I don't see why this couldn't occur. Basically:

(a) Congress has to delegate power to an administrative agency to define a federally-recognized right;
(b) the State then has to violate that right pursuant to state law.

Seems like there are lots of contexts where this might occur: immigration, welfare benefits eligibility, etc.

[vamedic03]

There's a lot of misinformation in this thread about 1983. I'm too lazy to post about it now, but, in short, I hope that no one listens to some of the advice in this thread.

[Renzo]

There's a lot of misinformation in this thread about 1983. I'm too lazy to post about it now, but, in short, I hope that no one listens to some of the advice in this thread.

Dude, that is the most unhelpful comment ever. You've got at least call out some posters by name if you're going to do a drive-by criticism.