Civil Rights Flashcards
Civil Rights RULE:
Federal or state statute that provides a right to individuals. If you are afforded a right, and that right is violated, tort law should give you a remedy.
Statutory Protection:
Federal statutes have largely supplemented the CL actions for such deprivations of civil rights as:
- Interference with the use of public accommodations
- Interference with the right to vote
- Conduct by government officials that deprives an individual of a constitutionally protected right
CIVIL RIGHTS 42 U.S.C. 1983; Language and Elements: (5)
(1) Every “person”
♣ Individuals (so long as they act under color of state law);
♣ City, county and other local government entities
♣ Does not include the state itself
(2) Acting Under “Color” of State Law
♣ When state or local government officials, acting with apparent authority of state
♣ Includes actions that violate state law, so long as the action was made possible by the authority the state gave the individual government official
(3) Who Deprives Another
(4) Of Rights, Privileges and Immunities Secured By
♣ The US Constitution or
♣ Federal law
(5) Liable to the Party Injured
Goals of 42 USC 1983:
(1) overrose certain state laws
(2) provided a remedy where state law was inadequate
(3) provides federal remedy where state remedy was not available or enforced in practice
Procedural Due-Process: Rule and Issue (2)
RULE: Where a government official’s act causing injury to life, liberty, or property is merely negligent, no procedure for compensation is constitutionally required
Issue: Defining the Scope of the Procedural Due-Process Right
(1) whether the P has any right to a hearing at all in the particular situation
(2) if a right to a hearing DOES exist, the second question is whether a hearing that takes place after the injury is sufficient
Failure to Act as Due-Process Violation: Rule/Exceptions
RULE: The Due-Process Clause does not impose on state officials a duty to act to protect state persons from violence by others
EXCEPTIONS: Persons in the custody of the state
Bivens Action: Rule/Special Factors
RULE: When the rights violations is accomplished by a federal official, 1983 may not apply because they are not acting under state law
Special Factors – before automatically deciding a claim in a Biven’s action, the court should consider any “special factors counseling hesitation.” Such factors include the availability of a statutory remedy:
Reasoning: If congress has provided a remedial process by creating a statute, that action must be taken instead of the Biven’s action. As a result, the Biven’s action is very limited in scope
Municipal Liability: Rule, define municipalities & immunity
RULE: Municipalities are only liable, however, if the deprivation of federal rights was caused by an official policy or custom
Municipalities, defined – are “persons” within the meaning of 1983, and therefore, may be used within that section
Immunity, defined – municipalities do not enjoy qualified immunity, even if the individual officials do
Civil Right QUALIFIED IMMUNITY: defined, rule, policy
Qualified Immunity, defined: the standard developed with respect to violation of civil rights act, however, qualified immunity can be lost if the official violated a clearly established constitutional right (objective test)
RULE: A state official may be deemed to have violated the act if he knew or reasonably should have known that his conduct would violate P’s constitutional rights or if he took the action in bad faith
Policy:
- provide protection for officials that are in the position that they have to make a decision and have to act
- judges and prosecutors would likely be the target of many lawsuits to the point where they could not perform the duties of their jobs
Injury and Damages in Civil Rights
Damages: deprivation of a constitutional right does NOT in itself entitle the P to damages; P must prove actual injury resulting from the deprivation
♣ Punitive damages – may be recovered against an individual tort feasors on a proper showing; PD may not be awarded against government entities
♣ Presumed Damages – not allowed
♣ Damages based on the value of the right – not allowed
