The following excerpt is from Rangel v. Athanassious, No. CIV S-02-1633 GEB EFB P (E.D. Cal. 2011):
Under 42 U.S.C. 1983, plaintiff must show: (1) the violation of a federal constitutional or statutory right; and (2) that the violation was committed by a person acting under the color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988); Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). An individual defendant is not liable on a civil rights claim unless the facts establish
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