Wednesday, July 7, 2010

Federal Court Suit 1983

In sum, I understand footnote five in Sacramento to hold as follows: A federal court faced with a suit alleging the deprivation of a constitutional right under 42 U.S.C. § 1983 should ordinarily decide whether the constitutional right alleged by the plaintiff actually exists, even where the defense of qualified immunity might provide an alternative ground for decision.

in reference to: FindLaw | Cases and Codes (view on Google Sidewiki)

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