What is the test for a plaintiff to bring a claim under Section 1983 of the Civil Rights Act?
California, United States of America
The following excerpt is from Rogers v. San Joaquin Cnty., C069956 (Cal. App. 2016):
"To state a claim under [section] 1983, a plaintiff must allege the violation of a right secured by the Constitution and laws of the United States, and must show that the alleged deprivation was committed by a person acting under color of state law. [Citations.]" (West v. Atkins (1988) 487 U.S. 42, 48 [101 L.Ed.2d 40, 48-49].) No one
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disputes that defendants acted under color of state law. The pertinent issue is whether defendants violated Rogers' constitutional rights.
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