What is the test for a cause of action under Section 1983 of the Constitution?
MultiRegion, United States of America
The following excerpt is from Martin v. Berg, Case No.: 17-cv-1750-AJB-JMA (S.D. Cal. 2019):
42 U.S.C. 1983 provides a cause of action for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws" of the United States. Wyatt v. Cole, 504 U.S. 158, 161 (1992). To state a claim under 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
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