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

Asked 11 months ago - Valley Springs, CA

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

Attorney answers (3)

  1. Hans Albert Gillinger

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    Contributor Level 15

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    Answered . 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... more
  2. Abraham P Mathew

    Contributor Level 13

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    Lawyer agrees

    Answered . 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... more
  3. Samuel Cohen

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more

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