What is the test for a plaintiff to bring a claim against a defendant who was acting under the color of state law?
MultiRegion, United States of America
The following excerpt is from Telles v. City Of Waterford, CASE NO. 1:10-cv-00982-AWI-SKO (E.D. Cal. 2010):
claim a plaintiff must allege facts indicating that (1) the conduct complained of was committed by a person acting under the color of state law, and (2) the conduct deprived him or her of a constitutional right. Long v. Cnty. of L.A., 442 F.3d 1178, 1185 (9th Cir. 2006).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
Does the Eleventh Amendment bar a plaintiff from bringing a civil action in federal court against a state official acting in his official capacity alleging a violation of state law? (MultiRegion, United States of America)
Can a plaintiff bring a state law claim against one defendant? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
What is the test for whether a state employee is acting under color state law when acting in his official capacity? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
Is a defendant acting "under the color of state law" a violation of Section 1983 of the Federal Civil Rights Act? (MultiRegion, United States of America)
What is the limitation period for a plaintiff to bring a claim against a defendant who has retired from the claim? (Canada (Federal), Canada)
Can a defendant be held liable for violating a plaintiff's constitutional rights by acting under color of state law? (MultiRegion, United States of America)
If Plaintiff fails to replead any of her claims, if the Plaintiff does not replead all of her actions, will the Plaintiff's claims be waived? (MultiRegion, United States of America)
