What is the test for determining whether a plaintiff has a right under Section 1983 of the Constitution?
MultiRegion, United States of America
The following excerpt is from McNeil v. Sherwood Sch. Dist. 88J, 918 F.3d 700 (9th Cir. 2019):
"The first inquiry in any 1983 suit ... is whether the plaintiff has been deprived of a right secured by the Constitution and laws. " Baker v. McCollan , 443 U.S. 137, 140, 99 S.Ct. 2689, 61 L.Ed.2d 433 (1979). Section 1983 does not create substantive rights, but rather provides the procedural mechanism for vindicating federal statutory or constitutional rights. Id . at 145 n.3, 99 S.Ct. 2689.
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