Does a plaintiff have a cause of action directly under the United States Constitution?
MultiRegion, United States of America
The following excerpt is from Davis v. Folsom Cordova Unified Sch. Dist., No. CIV S-11-1242 KJM DAD PS (E.D. Cal. 2013):
With respect to plaintiff's claims alleging violations of the United States Constitution, 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 for
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