California, United States of America
The following excerpt is from Rogers v. San Joaquin Cnty., C069956 (Cal. App. 2016):
"To state a claim under [section] 1983, a plaintiff must allege the violation of a right secured by the Constitution and laws of the United States, and must show that the alleged deprivation was committed by a person acting under color of state law. [Citations.]" (West v. Atkins (1988) 487 U.S. 42, 48 [101 L.Ed.2d 40, 48-49].) No one
Page 13
disputes that defendants acted under color of state law. The pertinent issue is whether defendants violated Rogers' constitutional rights.
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.