Does Section 1983 of the Fourteenth Amendment require a state to provide a remedy for tortfeasors who have been deprived of their contractual rights?

MultiRegion, United States of America

The following excerpt is from San Bernardino Physicians' Services Medical Group, Inc. v. San Bernardino County, 825 F.2d 1404 (9th Cir. 1987):

Having recognized, as we must, that deprivation of contractual rights may create a claim under section 1983, we are faced with an equally compelling necessity to recognize that not every interference with contractual expectations does so. It is neither workable nor within the intent of section 1983 to convert every breach of contract claim against a state into a federal claim. 3 "[W]e must bear in mind that the Fourteenth Amendment was not intended to shift the whole of the public law of the states into the federal courts." Brown v. Brienen, 722 F.2d 360, 364 (7th Cir.1983).

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