In 1983 claims, which statement is a correct basis for liability?

In 1983 claims, which statement is a correct basis for liability?

• A. A violation of state law alone qualifies
• B. A violation of federal law alone qualifies
• C. A breach of contract qualifies
• D. Must be a violation of a constitutional right

Answer: (D)

Under Section 1983, liability arises when a person acting under color of state law deprives someone of rights secured by the U.S. Constitution or federal law. In practice, the strongest basis for a claim is that a constitutional right was violated, because those rights are what Section 1983 is designed to protect. Violating state law or breaching a contract does not alone create §1983 liability, since those are private or state-rule violations, not federal rights being protected. Federal-law violations can support a §1983 claim only if they involve a federally protected right; the most straightforward and common basis tested is a constitutional right being violated.

Under Section 1983, liability arises when a person acting under color of state law deprives someone of rights secured by the U.S. Constitution or federal law. In practice, the strongest basis for a claim is that a constitutional right was violated, because those rights are what Section 1983 is designed to protect. Violating state law or breaching a contract does not alone create §1983 liability, since those are private or state-rule violations, not federal rights being protected. Federal-law violations can support a §1983 claim only if they involve a federally protected right; the most straightforward and common basis tested is a constitutional right being violated.