Can a plaintiff continue an action in disregard of the provisions of Section 1983 of the Federal Civil Rights Act?

California, United States of America


The following excerpt is from County of Los Angeles v. Superior Court, 21 Cal.4th 292, 87 Cal.Rptr.2d 441, 981 P.2d 68 (Cal. 1999):

"It is true that 1983 provides 'a uniquely federal remedy against incursions under the claimed authority of state law upon rights secured by the Constitution and laws of the Nation.' [Citation.] That a federal remedy should be available, however, does not mean that a 1983 plaintiff (or his representative) must be allowed to continue an action in disregard of the state law to which 1988 refers us. A state statute cannot be considered 'inconsistent' with federal law merely because the statute causes the plaintiff to lose the litigation. If success of the 1983 action were the only benchmark, there would be no reason at all to look to state law, for the appropriate rule would then always be the one favoring the plaintiff, and its source would be essentially irrelevant. But 1988 quite clearly instructs us to refer to state statutes; it does not say that state law is to be accepted or rejected based solely on which side is advantaged thereby." (Robertson v. Wegmann, supra, 436 U.S. 584, 591-593, 98 S.Ct. 1991, 56 L.Ed.2d 554.)

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