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Information for "Section 1983 Litigation/Enforcement of Federal Statutes Under § 1983"
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| Display title | Section 1983 Litigation/Enforcement of Federal Statutes Under § 1983 |
| Default sort key | Section 1983 Litigation/Enforcement of Federal Statutes Under § 1983 |
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| Page ID | 21065 |
| Page content language | en - English |
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| Page creator | Lost Student (talk | contribs) |
| Date of page creation | 01:57, June 25, 2020 |
| Latest editor | Lost Student (talk | contribs) |
| Date of latest edit | 01:57, June 25, 2020 |
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This attribute controls the content of the description and og:description elements. | Some federal statutory rights may be enforced under § 1983. In Maine v. Thiboutot,[1] the Supreme Court rejected the argument that only federal statutes dealing with “equal rights” or “civil rights” are enforceable under § 1983. It held that § 1983’s reference to “laws” of the United States means what it says, and, therefore, that all federal statutes are enforceable under § 1983 against defendants who acted under color of state law. However, as discussed below, subsequent Supreme Court decisions substantially cut back the decision in Thiboutot by holding that not all federal statutes are enforceable under § 1983.[2] These decisions hold that a federal statute is not enforceable under § 1983 if it either (1) does not unambiguously create a federal right in the plaintiffs, or (2) contains enforcement remedies intended by Congress to be the exclusive means of enforcement. |
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