Monday, August 25, 2008

Review: Dissecting a Section 1983 Claim

42 U.S.C. § 1983, commonly referred to as "section 1983", protects U.S. citizens from the deprivation of any rights, privileges, or immunities secured by the U.S. Constitution and laws.  Section 1983 is sometimes the only tool to quell overzealous decision-makers on boards and commissions.

Ian D. Forsythe has prepared a useful Web article titled, A Guide to Civil Rights Liability under 42 U.S.C. § 1983: An Overview of Supreme Court and Eleventh Circuit Precedent.  Mr. Forsythe's Web article is a clear, easy to follow, point-by-point analysis of Section 1983.  Although he relies on 11th Circuit precedent, his article provides a starting point for a well plead claim or motion for summary judgment in any jurisdiction.

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