Rejected extra element: separate proof of "abuse of governmental power" (Collins v. City of Harker Heights)

AND · 42usc1983:x-abuse-of-governmental-power

Non-element rejected by the Supreme Court in Collins: § 1983 does not require proof of an "abuse of governmental power" separate and apart from proof of a constitutional violation.

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)
rejected-extra-element/abuse-of-power-separate-from-constitutional-violation0
Satisfied 0; not satisfied 0; excluded context 1
0No counted merits examples

Excluded context examples: /us/503/0115-01 — Supreme Court of the United States · 1992 — rule-announced/merits

How courts decided this element

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/us/503/0115-01 — Supreme Court of the United States · 1992Rejected extra element: separate proof of "abuse of governmental power" (Collins v. City of Harker Heights)not_reached
Excluded from merits counts
rule-announced / merits

Not an element at all: the Court rejects the Fifth Circuit's proposed additional element as a matter of law and applies nothing to the facts; the claim then fails on deprivation instead.
rejected-extra-element/abuse-of-power-separate-from-constitutional-violation
It did not reach the question whether the city had violated Collins’ constitutional rights because it denied recovery on the ground that there had been no “abuse of governmental power,” which the Fifth Circuit had found to be a necessary element of a § 1983 action.
Source: docroot/ir/caselaw/us_503.jsonl#/us/503/0115-01; Unicode character offsets [1815:2080] (end exclusive); SHA-256 cdcb0d53dc7d297333c59be23c4699c1e9264a24434e59748ddb5fbaeb69f046.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Our cases do not support the Court of Appeals reading of § 1983 as requiring proof of an abuse of governmental power separate and apart from the proof of a constitutional violation.
Source: docroot/ir/caselaw/us_503.jsonl#/us/503/0115-01; Unicode character offsets [2324:2505] (end exclusive); SHA-256 cdcb0d53dc7d297333c59be23c4699c1e9264a24434e59748ddb5fbaeb69f046.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Neither the fact that petitioner’s decedent was a government employee nor the characterization of the city’s deliberate indifference to his safety as something other than an “abuse of governmental power” is a sufficient reason for refusing to entertain petitioner’s federal claim under § 1983.
Source: docroot/ir/caselaw/us_503.jsonl#/us/503/0115-01; Unicode character offsets [4389:4682] (end exclusive); SHA-256 cdcb0d53dc7d297333c59be23c4699c1e9264a24434e59748ddb5fbaeb69f046.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.

Non-element rejected by the Supreme Court in Collins: § 1983 does not require proof of an "abuse of governmental power" separate and apart from proof of a constitutional violation.