Does a plaintiff have a claim for damages under section 2.2 of the Civil Code of Civil Procedure against the Department of Homeland Security?
MultiRegion, United States of America
The following excerpt is from Whitsitt v. Agent, No. 2:17-cv-1818-EFB PS (E.D. Cal. 2018):
Plaintiff also fails to state a claim for damages under 42 U.S.C. 1983 for violation of his due process rights. "[S]ection 1983 only provides a remedy against persons acting under color of state law." Ibrahim v. Dep't of Homeland Sec., 538 F.3d 1250, 1257 (9th Cir. 2008). The complaint only concerns conduct by federal actors acting under federal law. Accordingly, plaintiff fails to state a claim under section 1983.2
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