Civil Rights/ Constitutional Torts

Question 1

42 USC S 1983

Answer 1

i. Every person who under color of state law deprives of another of any federal, constitutional, or statutory right is liable to the injured party.

Question 2

Definition and Elements of Recovery

Answer 2

ii. Elements of recovery
1. P must prove that D deprived him of a right secured by the constitution and US laws – identify the constitutional right violated
a. Usual claims:
i. 1A – freedom of speech
ii. 4A – unreasonable searches, seizure (arrest), and warrant
1. Used when officer uses reasonable force
iii. 14A – due process clause
1. Life, liberty, or property
2. Covers civil rights issues
2. P must show that D deprived him of his constitutional right under color of any statute, ordinance, regulation, custom, or usage of any state or territory.
a. D must act under color of law – D typically works for state or territory (police officer, judge, legislator, someone who works for state used their role to deprive P of right)
b. Must show that D acted under color flaw – D is acting with the apparent authority of the state
c. If a normal person was working with a government official (conspiracy), they can also be held liable.