1983 Flashcards
Who applies?
#s LEAD Aging for all of us.
———–
1981, 1983, 1985
flSa
ePa
ADa (pub serv) [emp = 15+]
ADEA
Who does it not apply to?
1983 Officially sets you free.
———–
No private persons, Officials acting under color.
What’s UNIQUE about 1983?
1983 our policy free & no responde a-yee!
———–
(a) It’s the door opener for all const. claims.
(b) Allow suit against officials only - ‘color of law’ (no private indivs).
(c) No respondeat superior.
S/L
4 yrs.
Can you sue individs?
1983 Officially sets you free.
———–
Yes, officials acting under color of law. (not private persons).
What’s 3 UNIQUE things about 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?
- 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.
- 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.