What is the test for a cause of action under Section 1983 of the Federal Trade Commission Act?

California, United States of America


The following excerpt is from A-Ju Tours, Inc. v. Alleghany Corp., B256956, B259567 (Cal. App. 2016):

"By the plain terms of 1983, twoand only twoallegations are required in order to state a cause of action under that statute. First, the plaintiff must allege that some person has deprived him of a federal right. Second, he must allege that the person who has deprived him of that right acted under color of state or territorial law." (Gomez v. Toledo (1980) 446 U.S. 635, 640 [100 S.Ct. 1920, 64 L.Ed.2d 572].)

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