§ 1983 Civil Rights lawsuit law review
- I've attached a dissertation on filing a 1983 complaint in federal court for those who need this information to avoid getting dismissed out.
- Hi Virgil,
I would have to disagree with you on your statement that 1983 is only for enforcing 14th Amendment violations.
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
As can be seen above the 14th Amend does protect those that don't claim to be citizens.
Title 42, § 1983 of the U.S. Code provides a mechanism for seeking redress for an alleged deprivation of a litigant’s federal constitutional and federal statutory rights by persons acting under color of state law. Section 1983 reads as follows:
Every person who, under color of any statute, ordinance, regulation,
custom, or usage, of any state or territory, 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.
As can be seen above the statute protects citizens and other persons.
Virgil Cooper wrote:
Hello Vicki and others on this list,
Just a quick comment. Those of us who have done years of legal and constitutional research are aware that
a “1983 Civil Rights Complaint” is an automatic admission that the complainant is relying on the Fourteenth
- Tuesday 6 January 2009
No to citizens, but okay to "person," aka
an artificial person, paticularly in the
> any citizen of the United States or otherYou emphasized "or other person," and stopped
> person within the jurisdiction thereof to
> the deprivation of any rights, privileges,
> or immunities secured by the Constitution
> and laws,
short of including "within the jurisdiction
thereof." That means the "person" subject to
the "jurisdiction thereof."
You chosen emphasis on "Constitution" is why?
Only the federal constitution applies to all
their good citizens and persons within that
Of course the statute protects both
Anything else, don't matter.
From the other jurisdiction,
- But, it in a practical sense, it appears as though the only venue for redress of wrongs against state actors is our state (local) courts, which seem to me to be far less nearly impartial than the federal. Moreover, in Federal, we can redress wrongs against our stronger state rights via concurrent jurisdiction. If we do not use 1983, are there other legal means for obtaining remedy other than our own, possibly corrupt, local courts?