Deprivation of a right, privilege, or immunity secured by the Constitution and laws

AND · 42usc1983:deprivation

Section 1983 is not itself a source of substantive rights, but provides a method for vindicating federal rights elsewhere conferred (Baker v. McCollan, 443 U.S. 137, 144 n.3 (1979)); sub-elements branch by the underlying constitutional/statutory provision.

Exact element source

to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws
Source: docroot/ir/usc/title42.jsonl#title42_sec1983; Unicode character offsets [306:402] (end exclusive); SHA-256 88fe01322b9d94860a669ec452f558146e2745845070bc43583671ce12acb2bb.

All variants

Recorded DB variant labels, including zero-count variants
VariantDescriptionMerits instance blocksDistinct casesExample cases (up to 3 per group)
Unspecified variantNo variant assigned in the database.0
Satisfied 0; not satisfied 0; excluded context 2
0No counted merits examples

Excluded context examples: /f2d/628/1104-01 — United States Court of Appeals for the Eighth Circuit · 1980 — applied/merits; /us/502/0021-01 — Supreme Court of the United States · 1991 — applied/merits

How courts decided this element

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/f2d/628/1104-01 — United States Court of Appeals for the Eighth Circuit · 1980Deprivation of a right, privilege, or immunity secured by the Constitution and lawsnot_reached
Excluded from merits counts
applied / merits

Alleged deprivations (right to counsel, Eighth Amendment, due-process denial of state-created appeal right) from counsel's motion to withdraw and dismiss the appeal as frivolous; merits never examined.
Unspecified variantNo source quotation recorded for this block.
/us/502/0021-01 — Supreme Court of the United States · 1991Deprivation of a right, privilege, or immunity secured by the Constitution and lawsnot_reached
Excluded from merits counts
applied / merits

Underlying claims (patronage dismissal / First Amendment; due process) never examined; only whether the suit may proceed.
Unspecified variantNo source quotation recorded for this block.

Court interpretations

interpretation

More importantly, the statute does not draw any distinction between abusive and nonabusive federal violations.

/us/503/0115-01 — Supreme Court of the United States · 1992

More importantly, the statute does not draw any distinction between abusive and nonabusive federal violations.
Source: docroot/ir/caselaw/us_503.jsonl#/us/503/0115-01; Unicode character offsets [2843:2953] (end exclusive); SHA-256 cdcb0d53dc7d297333c59be23c4699c1e9264a24434e59748ddb5fbaeb69f046.

Section 1983 is not itself a source of substantive rights, but provides a method for vindicating federal rights elsewhere conferred (Baker v. McCollan, 443 U.S. 137, 144 n.3 (1979)); sub-elements branch by the underlying constitutional/statutory provision.

not-required

Separate proof of "abuse of governmental power" apart from the underlying constitutional violation (Collins v. City of Harker Heights, 503 U.S. 115 (1992))

No source quotation recorded.

not-required

Specific state-of-mind requirement in § 1983 itself beyond what the underlying constitutional or statutory right requires (Parratt v. Taylor; Daniels v. Williams)

No source quotation recorded.