1983 Flashcards
Who applies?
42 USC 1983 All public ERs. ----------- #s LEAD Aging for all of us. ----------- 1981, 1983, 1985 flSa ePa ADa (pub serv) [emp = 15+] ADEA
Who does it not apply to?
42 USC 1983 ----------- 1983 Officially sets you free. ----------- No private persons, Officials acting under color.
What’s UNIQUE about 1983?
42 USC 1983
(a) It’s the door opener for all const. claims.
(b) Allow suit against officials only - ‘color of law’ (no private indivs).
S/L
4 yrs.
Can you sue individs?
42 USC 1983 ----------- 1983 Officially sets you free. ----------- Yes, officials acting under color of law. (not private persons).
What’s 3 UNIQUE things about 1983?
42 USC 1983
- Only Officials acting under color of law.
- Official’s act (its custom/policy) = cz.
- No respondent superior (can’t sue b/c LG employed a discriminator.)
~confirmed.
- No Resp Sup. Why? b/c sue only for custom or policy (focus on the entity).
- Only sue individs in their official capacity.
4 elements to establish prima facie case.
1983 = 4 x C = Const, Color, Custom, Cz
———–
1. Deprived rt secured by Const or Fed Law.
2. Under color of law.
3. In furtherance of a custom or policy.
4. LG official’s act must be cz of the harm.
To be actionable, how many acts in furtherance of custom or policy are required?
A single instance is sufficient if done by indiv w/ policy making pwr.
State 2 defenses.
Absolute + Qualified Immunity.
What is absolute immunity?
42 USC 1983
- BCC acting in legis. But not decisions affecting individs, ex. employ
- Judicial + prosecutor acting in capacity immune for damages but not injunct.
What is qualified immunity?
Immune if:
1. Performing discretionary function &
2. No reas person wd have known action unlawful, i.e., not so blatant a reas competent official wd have known.
How is qual imm more than a defense?
It’s a right to be free of suit Ʃ immediately appealable.
How PL can get dismissed?
Must exhaust State remedies.
How do you exhaust your State remedies?
If you have a claim under a State law, file there. Fed court wants only Federal constitution claims.
Bottom line use of 1983.
42 USC 1983
- Against Officials & LGs for custom or policy.
- As door opener for 1981 + other const. claim.
- LEO failure to train via custom/policy.
What damages are available?
- Punis vs. Officials (not LGs).
- ## JEFF’s Lost Benes (jury, equit, front/back, fees, lost benes)Just like 1981.
How determine LEO force excessive?
Consider severity of the crime, threat, resistance, flight,
the relationship between the need and amount of force used, and the extent of the injury inflicted.
What amendment is often seen in LEO claims?
4th amendment.
When is LEO denied qualified immunity?
Gratuitous & excessive force against a passive, controlled, obedient suspect.
What is acknowledged about any arrest?
Inherently involves some degree of physical coercion or threat.
De minimis force = qualified immunity.
What is the purpose of 1983?
It’s true service is to allow an individ to sue a govt for a deprivation of constitutionally protected rts.
What are the 2 elements of 1983?
42 USC 1983
1) Someone acting under color of law.
2) Deprived you of a constitutional right.
What damages are available in 1983 claim?
- Punis vs. Official acting under color.
- Actual expenses/dmgs only.
Why?
Jury cannot place a dollar value on a constitutional right.
What rights does 1983 protect?
None. It is not a source of rights.
It is a channel to enforce rts found elsewhere.
Why is it sometimes confusing that 1983 itself is a cause of action?
#1 - It has elements. Color of law, deprived rts.
#2 - It procedurally is stand alone, i.e., no need to comply w/ FS 768.28.
Is 1983 a stand alone claim?
42 USC 1983 ----------- No, not substantively. --- Procedurally it is stand alone such that there is no need to first comply w/ FS 768.28 which requires a trial court to find an evidentiary basis for a punitive dmgs claim.
What other theories of recovery offer 1983’s damages?
Punis + JEFF + Lost Benes ----------- All #s + A.M. ALE ----------- 1981, 1983, 1985 [A.M. ALE - drinking in the a.m.? that's a lot of liquid] Adea fMla (3 yrs) + interest Ada fLsa (3 yrs) Epa (3 yrs)
Can LG get AF in 1983?
Only is shown to be frivolous, unreasonable or without foundation.
How show you have standing to sue for civil rights?
CIVIL RTS ----------- Standing in Concrete makes u Re-Dress. ----------- Suffered an injury or invasion of a legally protected interest that is concrete & particularized.
We know 5th & 14th amends prohibit deprivation of life, liberty & property w/o due process of law.
What are the 2 ways courts have interpreted this?
CIVIL RTS
1) Procedural DP
2) Substantive DP
What is substantive dp?
Protection of “fundamental” rights. Rights implicit in liberty.
Ex. 1st Amendment, Unreas search & seizure
Re: subst. dp
Can govt officials be sued in their private capacity or official?
Either.
A suit in official capacity is a suit vs. LG. May get dismissed b/c redundant w/ claims vs. LG.
To maintain 1983 vs. LG, what must be established?
violation of constitutional rts from custom or policy.
———–
Not from respondeat superior. LG can’t be held liab solely by virtue of the employment relationship w/ the offender.
42 USC 1983
- describe the acts for which LG is liable.
Liab is limited to acts that are properly speaking, acts of LG. I.E., acts which LG has officially sanctioned or ordered.
42 USC 1983
- who makes the custom or policy?
Final policy-making authority decision maker or legis body.
Who is immune?
42 USC 1983 ----------- ABSOLUTE (LEGISLATIVE) IMMUNITY --- Local legislators, city commissioners, are absolutely immune from suit for their legislative activities.
Ask yourself - is the act complained of part of the legis process? Ex. passing resolution.
What types of immunity are available to public officials?
Absolute - legislative immunity (passing a resolution)
Qualified immunity - discretionary.
How prove qualified immunity?
42 USC 1983
1) Acting w/i scope of discretionary authrority.
2) Was not a violation of a clearly established law.
What did the
42 USC 1983
———–
Once & for all -
Can a private individual be sued under 42 USC 1983?
YES - if acted under color of law.
ME- the indiv HAS TO BE NAMED INDIVIDUALLY b/c if name in official capacity it is a suit vs. LG.
If sue LG & indiv in official capacity = redundant .
———–
Foshee v. Health Management
