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cases/42usc1983/ELEMENTS

Source: cases/42usc1983/ELEMENTS

Exact source text

# 42 U.S.C. ยง 1983 -- provisional element vocabulary (see 18usc1962/ELEMENTS for conventions).
person        defendant is a suable "person" (individual / municipality; not a State or its officials in official capacity for damages)
color-of-law  acted "under color of" state law (state action; private-party tests: joint action, public function, nexus...)
deprivation   deprivation of a right "secured by the Constitution and laws"; sub by right, e.g. deprivation.eighth-amendment
causation     defendant "subjects, or causes to be subjected": personal involvement / supervisory liability
policy        municipal liability: official policy or custom was the moving force (Monell); sub: policy.failure-to-train ...
damages       cognizable injury / relief available