What is the test for a demurrer to deny or deny a plaintiff's civil rights claim against a civil servant who allegedly participated in civil rights violations?

California, United States of America


The following excerpt is from Price v. King, F075142 (Cal. App. 2019):

Causation is a required element of the claim. "A person deprives another 'of a constitutional right, within the meaning of section 1983, if he does an affirmative act, participates in another's affirmative acts, or omits to perform an act which he is legally required to do that causes the deprivation of which [the plaintiff complains].' [Citation.] The inquiry into causation must be individualized and focus on the duties and responsibilities of each individual defendant whose acts or omissions are alleged to have caused a constitutional deprivation." (Leer v. Murphy (9th Cir. 1988) 844 F.2d 628, 633.) Even when the complaint is liberally construed, "[v]ague and conclusory allegations of

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official participation in civil rights violations are not sufficient to withstand" a demurrer. (Litmon v. Harris (9th Cir. 2014) 768 F.3d 1237, 1241.)

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