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 lawsSource:
docroot/ir/usc/title42.jsonl#title42_sec1983; Unicode character offsets [306:402] (end exclusive); SHA-256 88fe01322b9d94860a669ec452f558146e2745845070bc43583671ce12acb2bb.All variants
| Variant | Description | Merits instance blocks | Distinct cases | Example cases (up to 3 per group) |
|---|---|---|---|---|
| Unspecified variant | No variant assigned in the database. | 0 Satisfied 0; not satisfied 0; excluded context 2 | 0 | No 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
| Case | Element | Holding and scope | Variant | Exact source quotations |
|---|---|---|---|---|
| /f2d/628/1104-01 — United States Court of Appeals for the Eighth Circuit · 1980 | Deprivation of a right, privilege, or immunity secured by the Constitution and laws | not_reached Excluded from merits counts applied / meritsAlleged 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 variant | No source quotation recorded for this block. |
| /us/502/0021-01 — Supreme Court of the United States · 1991 | Deprivation of a right, privilege, or immunity secured by the Constitution and laws | not_reached Excluded from merits counts applied / meritsUnderlying claims (patronage dismissal / First Amendment; due process) never examined; only whether the suit may proceed. | Unspecified variant | No 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.