The following excerpt is from Schroeder v. Leong, 967 F.2d 590 (9th Cir. 1992):
Two elements are required to establish a civil rights claim under section 1983: "(1) whether the conduct complained of was committed by a person acting under color of state law; and (2) whether this conduct deprived a person of rights, privileges, or immunities secured by the Constitution or laws of the United States." Parratt v. Taylor, 451 U.S. 527, 535 (1981). There is no dispute that the first test is met. See id. at 535-36 (no question that prison officials were state employees in positions of considerable authority). Therefore, we examine the second element only.
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