Friday, August 25, 2023

42 U.S.C (ss) 1983

Federal courts have jurisdiction over suits brought pursuant to 42 U. S. C. § 1983, the statute that creates a remedy for violations of federal rights committed by persons acting under color of state law.



. www.facebook.com/enactNESARAnow. Accessed 26 Aug. 2023.

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.




Amendment by Pub. L. 96–170 applicable with respect to any deprivation of rights, privileges, or immunities secured by the Constitution and laws occurring after Dec. 29, 1979, see section 3 of Pub. L. 96–170, set out as a note under section 1343 of Title 28, Judiciary and Judicial Procedure.

 Cited
Cornell law School. Legal Information Institute. CLS. https://www.law.cornell.edu/uscode/text/42/1983. Accessed 26 Aug. 2023. Rpt. of 42 U.S. Code § 1983 - Civil action for deprivation of rights. 1983


“2. Any claim for damages arising out of any act done or the failure to perform any act within the scope of *734employment and in the discharge of the duties of any officer or employee of the department shall be brought and maintained in the court of claims as a claim against the state.”



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