Civil Rights

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Authors
Dagen, Bradley J.
Issue Date
1982
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Journal Article
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INTRODUCTION|Section 1983 claims have proven to be a major source of civil rights litigation in recent years. Perhaps the most important reason for the large number of section 1983 cases is the broad language of the statute which provides a civil remedy for the deprivation of federally protected rights by a person acting under color of state law. Section 1983 provides: |Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. |Thus, the jurisdictional requirements under section 1983 are twofold. First, the plaintiff must show that the defendant deprived him of a right protected by the Constitution or by federal law. Second, the plaintiff must show that the defendant acted under color of state law....
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15 Creighton L. Rev. 850 (1981-1982)
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Creighton University School of Law
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