What is the test for a claim under section 1983 of the Federal Civil Rights Act?

California, United States of America


The following excerpt is from Marczak v. Cnty. of L. A. & Latoya Wiley, B279571 (Cal. App. 2019):

"42 U.S.C. 1983 creates a cause of action against a person who, acting under color of state law, deprives another of rights guaranteed under the Constitution. Section 1983 does not create any substantive rights; rather it is the vehicle whereby plaintiffs can challenge actions by governmental officials. To prove a case under section 1983, the plaintiff must demonstrate that (1) the action occurred 'under color of state law' and (2) the action resulted in the deprivation of a constitutional right or federal statutory right. [Citation.]" (Jones v. Williams (9th Cir. 2002) 297 F.3d 930, 934.)

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