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.
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Law Offices of Bonnie Z. Yates
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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.
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.
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