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Information for "Section 1983 Litigation/Elements of Claim, Functional Role, Pleading, and Jurisdiction"
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Display title | Section 1983 Litigation/Elements of Claim, Functional Role, Pleading, and Jurisdiction |
Default sort key | Section 1983 Litigation/Elements of Claim, Functional Role, Pleading, and Jurisdiction |
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Page creator | Lost Student (talk | contribs) |
Date of page creation | 16:58, June 21, 2020 |
Latest editor | Lost Student (talk | contribs) |
Date of latest edit | 16:58, June 21, 2020 |
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Article description: (description ) This attribute controls the content of the description and og:description elements. | Section 1983 authorizes the assertion of a claim for relief against a person who, acting under color of state law, violated the claimant’s federally protected rights. The Supreme Court has identified two elements of a § 1983 claim. The plaintiff must allege both (1) a deprivation of a federal right, and (2) that the person who deprived the plaintiff of that right acted under color of state law.[1] (See infra Appendix, Model Instruction 1: Elements of Claim–Action Under Color of State Law.) In the author’s view, there are, in fact, at least four major elements for a § 1983 claim.[2] The plaintiff must establish |
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