The following excerpt is from Wise v. Nordell, CASE NO. 12-CV-1209 - IEG (BGS) (S.D. Cal. 2012):
Plaintiffs bring several claims for violations of their constitutional rights pursuant to 42 U.S.C. 1983. "To establish a prima facie case under 1983, [a plaintiff] must establish that: (1) the conduct complained of was committed by a person acting under color of state law; and (2) the conduct violated a right secured by the Constitution and laws of the United States." Humphries v. County of Los Angeles, 554 F.3d 1170, 1184 (9th Cir. 2009).
1. Fourth Amendment Search and Seizure Claims
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.