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Does 42 USC 1983 Civil action for deprivation of rights apply to state statutes/laws or is it limited only tfederal statute/laws

Brookfield, WI |

Does 42 USC 1983 Civil action for deprivation of rights apply to state statutes/laws or is it limited only to federal statute/laws????

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Posted

§1983 is a Federal statute that permits private citizens to file civil actions challenging state and municipal laws, rules, and regulations that deprive individuals (and companies) of their rights guaranteed under the United States Constitution. Any deprivation of rights that occur under color of state law can be challenged in a §1983 action, so policies and procedures adopted by governmental agencies can be the subject of such an action as well as specific statutes or laws.

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Posted

It is for state errors.

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Posted

May I add that the Eleventh Amendment disallows 1983 claims against states themselves.

These are general thoughts - they not intended as legal advice - so you need and should contact an Attorney for actual advice on this situation. This post and all others I make on AVVO are for informational purposes only. Therefore, nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. Postings on AVVO are not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

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Erach Farrokh Screwvala

Erach Farrokh Screwvala

Posted

That's true for claims against a state. However, §1983 claims may be pursued against state officials acting under color of state law without violating the Eleventh Amendment.

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