What is the test for a claim under Section 1983 of the Federal Rights Act?
MultiRegion, United States of America
The following excerpt is from Koehn v. Ho, Case No.: 1:15-cv-00265 JLT (PC) (E.D. Cal. 2016):
Section 1983 "is a method for vindicating federal rights elsewhere conferred." Albright v. Oliver, 510 U.S. 266, 271 (1994). In relevant part, Section 1983 provides:
42 U.S.C. 1983. To establish a Section 1983 violation, a plaintiff must show (1) deprivation of a constitutional right and (2) a person who committed the alleged violation acted under color of state law.
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West v. Atkins, 487 U.S. 42, 48 (1988); Williams v. Gorton, 529 F.2d 668, 670 (9th Cir. 1976).
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