What are the elements of a civil rights claim?

MultiRegion, United States of America

The following excerpt is from Blamey v. Allen, No. CIV S-10-3470 GEB EFB P (E.D. Cal. 2011):

To state a claim under 42 U.S.C. 1983, a plaintiff must allege two essential elements: (1) that a right secured by the Constitution or laws of the United States was violated, and (2) that the alleged violation was committed by a person acting under the color of state law. West v. Atkins, 487 U.S. 42, 48 (1988). An individual defendant is not liable on a civil rights claim

Page 3

Other Questions


What is the test for a plaintiff in a civil case seeking to enforce a civil rights defense in the context of civil rights violations? (MultiRegion, United States of America)
Can a plaintiff bring a claim under section 52.1 of the California Civil Rights Code against a public official for allegedly interfering with her civil rights? (MultiRegion, United States of America)
What is the test for a civil rights claim under Section 1983 of the Civil Rights Act? (MultiRegion, United States of America)
Can a police officer defend a civil rights action against a defendant in a civil civil rights case under discovery? (MultiRegion, United States of America)
Is there a waiver of sovereign immunity for a civil rights claim brought under Title II of the Civil Rights Act? (MultiRegion, United States of America)
What is the test for a civil rights claim under the Civil Rights Act? (MultiRegion, United States of America)
What is the test for a civil rights claim under the Tom Bane Civil Rights Act? (MultiRegion, United States of America)
What is the test for a civil rights claim under section 1983 of the Civil Rights Act? (MultiRegion, United States of America)
Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
Is a motion to dismiss a civil rights claim brought by the University of Alaska Regents alleging that the university was involved in civil rights violations sufficient to be dismissed? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.