Can a plaintiff bring a claim under Section 1983 of the Civil Rights Act?

MultiRegion, United States of America

The following excerpt is from Savas v. Cal. State Law Enforcement Agency, 485 F.Supp.3d 1233 (S.D. Cal. 2020):

To state a claim under 1983, a plaintiff must allege (1) the violation of a right secured by the Constitution and laws of the United States, and (2) that the alleged deprivation was committed by a person acting under color of state law. West v. Atkins , 487 U.S. 42, 48, 108 S.Ct. 2250, 101 L.Ed.2d 40 (1988). "Dismissal of a 1983 claim following a Rule 12(b)(6) motion is proper if the complaint is devoid of factual allegations that give rise to a plausible inference of either element." Naffe v. Frey , 789 F.3d 1030, 1036 (9th Cir. 2015).

1. Claims Against CSLEA

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