Civil Rights

Question 1

Definition

Answer 1

42 USC section 1983 - Every Person Who Under Color of State Law Subjects or Causes to Be Subjected Any Person to the Deprivation of Any Right, Privilege or Immunity Secured by the U.S. Constitution Shall Be Liable for Damages

Question 2

Elements

Answer 2

A. That the proper defendant acted under color of state law. The theory behind the law is that state law is inadequate or adequate in theory but not in practice. Conduct of a public official is contrary to state law and state law provides an inadequate remedy.
B. Violation of a federally protected right. For example, search and seizure, due process, free speech, deliberate indifference to medical needs, excessive force, etc.
C. Intent or deliberate indifference is required. Negligence is not enough to establish the cause of action.
D. Causation.
E. Damages (special, general, punitives, attorney fees).
F. Defenses:

1. 	Absolute immunity for judges, prosecutors, legislators.

    2.	Qualified immunity for all other defendants. Good faith and reasonable     
         belief that what defendant did was lawful.