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CIVIL LIBERTIES ANALYSIS, was there a violation of a constitutional right?…

- - - - FEDERAL OFFICIAL
        acting within his or her individual capacity
        
        this is a
        BIVENS CLAIM
        a bivens action is a damages action against a federal official in his or her individual capacity, for violation of a constitutional claim. this is typically a violation of a 4th or 8th amendment constitutional claim
        
        ELEMENTS OF A BIVENS CLAIM
      - STATE ACTOR
        acting under color of law
        
        this is a
        SECTION 1983 CLAIM
        42 USC § 1983 authorizes a claim for relief against a state actor who, while acting under color of state law, violated an individual's federal statutory or constitutional rights
        
        .
        
        DEFENSES
        
        OFFICIAL IMMUNITY
        officials sued for monetary relief in their personal capacities may be entitled to assert a common law defense of absolute or qualified immunity
        
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        OFFICIAL IMMUNITY
        
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        STATUTE OF LIMITATIONS
        
        COMMON TYPES OF 1983 LITIGATION
        
        FOURTEENTH AMENDMENT
        
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        FOURTH AMENDMENT
        prohibits unreasonable searches and seizures and requires that warrants be supported by probable cause
        
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        FIRST AMENDMENT
        prohibits the making of any law abridging the freedom of speech
        
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        LIABILITY IN 1983 ACTIONS
        
        INDIVIDUAL LIBAILITY
        
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        SUPERISORY LIABILITY
        
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        OFFICIAL/MONELL LIABILITY
        
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        ELEMENTS OF A SECTION 1983 CLAIM
        
        INTENTIONALLY CAUSED
        only intentional conduct is actionable under 1983. negligence is insufficient to incur 1983 liability.
        
        A DEPRIVATION OF A FEDERALLY PROTECTED RIGHT
        violations of state law or state constitutional rights are not enforceable under 1983
        
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        CONDUCT BY A PERSON
        WHO ACTED
        UNDER COLOR OF STATE LAW
        
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