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What do you need to prove in a civil rights case to win?

Valley Springs, CA |

What do you need to prove in a civil rights case to win?

Attorney Answers 3


  1. Best answer

    I agree that you need more facts to get the answer you seek.

    Section 1983 of Title 42 of the U.S. Code is part of the civil rights act of 1871, and is typically what folks mean when they say a "civil rights case."

    Section 1983 provides:

    Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

    To prevail in a claim under section 1983, the plaintiff must prove two critical points: a person subjected the plaintiff to conduct that occurred under color of state law, and this conduct deprived the plaintiff of rights, privileges, or immunities guaranteed under federal law or the U.S. Constitution.

    Hope this helped, and good luck.

    This is not legal advice and the within response does not create an attorney client relationship between this office/me and any other person or entity. Hans Gillinger Partner Law Offices of Bonnie Z. Yates 13323 Washington Blvd., Suite 300 Los Angeles, CA 90066 tel: (310) 204-6624 fax: (310) 204-6624 Direct: (310) 279-5048 Email: hans@bonniezyates.com web: bonniezyates.com


  2. Facts, of which there are none here. And a good civil rights attorney, of which there are an abundance here. Use Find a Lawyer.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


  3. Civil Rights can be anything - for example a denial of service due to a disability; a police misconduct action; a first amendment issue..... Be more specific and provide facts if you would like to get meaningful responses.

    The information above is NOT LEGAL ADVICE and you should not rely on it. Providing information on Avvo does NOT create an attorney-client relationship even if there is a back and forth exchange between us. The relationship can be created only if we both sign a written agreement and you have paid fees as required.