Does a litigant who complains of a violation of a constitutional right have a cause of action directly under the United States Constitution?
MultiRegion, United States of America
The following excerpt is from James v. Dep't of Aging, No. 2:16-cv-2174 TLN DB PS (E.D. Cal. 2017):
In this regard, a litigant who complains of a violation of a constitutional right does not have a cause of action directly under the United States Constitution. Livadas v. Bradshaw, 512 U.S. 107, 132 (1994) (affirming that it is 42 U.S.C. 1983 that provides a federal cause of action
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