What is the test for determining whether a plaintiff has been deprived of a right secured by the Constitution and laws?
MultiRegion, United States of America
The following excerpt is from Thomas v. Miller, 928 F.2d 409 (9th Cir. 1991):
The first inquiry in any Sec. 1983 suit ... is whether plaintiff has been deprived of a right "secured by the Constitution and laws." If there has been no such deprivation, the state of mind of the defendant is wholly immaterial.
Baker v. McCollan, 443 U.S. 137, 140 (1979).
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