Exam: 1983 Civil Rights Litigation – The Basics

To win a 1983 case a plaintiff must be a U.S. citizen since they are the only people protected by the constitution.

Government units can be liable as defendants in civil rights suits.

An off-duty government employee can never be liable in a civil rights because the person is not acting under color of law.

The legal doctrine of response at superior is routinely used to make an employer liable for the constitutional violation of a government employee.

Simple acts of negligence are rarely a sufficient basis to impose liability under 42 USC 1983.

A party who wins a civil rights case trial can have a judge order the losing party pay the attorneys fees and court costs.

A defendant can be liable in a civil rights case if deliberately indifferent to the risk a third party might cause a plaintiff to experience a constitutional rights violation.

Qualified Immunity can be a strong defense to a civil rights suit.

A person who does not know the conduct violated a plaintiff’s constitutional rights is always immune from liability.

Violation of a state statute alone will make a defendant liable for a civil rights constructional violation.