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Icon-UpArrow 42 USC §1983: How it's Adjudicated on Judges

How 42 USC §1983 Claims are Adjudicated Against Judges

I. Definitions

"the determination of a controversy and pronouncement of judgment."" Color of Law
"the semblance of legal right. An action under color of law has the apparent authority of law but is actually contrary to law.""

II. Legal Citations

42 USC §1983 | Civil Action for Deprivation of Rights
"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia." 1st Amendment US Constitution | Freedom of Religion, Press, Expression
"Congress shall make no law... abridging... the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." 5th Amendment US Constitution | Trial and Punishment, Compensation for Takings
"No person shall be... deprived of life, liberty, or property, without due process of law..." 11th Amendment US Constitution | Judicial Limits
"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." 14th Amendment US Constitution (Section 1) | Citizenship Rights
"1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

III. Notes

IV. Bibliography


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