Constitutional Torts - Causes of Actions

Question 1

Constitutional tort (42 U.S.C. § 1983)

Answer 1

Anyone acting under color of state law deprives another of a federal constitutional statutory right is liable to the injured party

Question 2

Constitutional Tort Analysis

Answer 2

Was the person deprived of a federal, constitutional, or statutory right?
1) Identify the right secured by the constitution or other federal laws
2) P must prove that D has deprived them of that right

Was the defendant acting under the “color of state law”?
1) the defendant must be acting in a way authorized by the state when they deprived the plaintiff of their right

Question 3

Types of Violations - First amendment

Answer 3

freedom of speech, press, assembly, petition and religion

Question 4

Types of Violations - Fourth Amendment

Answer 4

1. protection from unreasonable search and seizure
2. protection against use of excessive force

Question 5

Types of Violations - Fifth Amendment

Answer 5

1. protection against self incrimination
2. protection against the government taking private property without paying for it

Question 6

Types of Violations - Eighth Amendment

Answer 6

protection against excessive bail and cruel and unusual punishment

Question 7

Types of Violation - Fourteenth Amendment

Answer 7

right to due process - to be treated fairly in civil and criminal matters