Federal Pro Se [Non-prisoner] Complaint Form:
** THIS IS NOT A FEDERAL PRO SE COMPLAINT FORM *****
Indiana Federal Pro Se - Non-Prisoner - Complaint Form
Category:
State:
Multi-State
Control #:
US-01991
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Federal Pro Se - Non-Prisoner - Complaint Form?
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FAQ
Section 1983 provides an individual the right to sue state government employees and others acting "under color of state law" for civil rights violations. Section 1983 does not provide civil rights; it is a means to enforce civil rights that already exist.
As noted by the appellate court, ?Punitive damages may be awarded under 42 U.S.C. § 1983 when the defendant's conduct is shown to be motivated by evil motive or intent, or when it involves reckless or callous indifference to the federally protected rights of others.?
42 U.S.C. § 1983. Thus, to state a claim under section 1983, a plaintiff must allege that (1) the defendant acted under color of state law, and (2) the defendant deprived him of rights secured by the Constitution or federal law.
Section 1983 allows claims alleging the ?deprivation of any rights, privileges, or immunities secured by the Constitution and [federal laws].? 42 U.S.C. § 1983. If you are suing under section 1983, what federal constitutional or statutory right(s) do you claim is/are being violated by state or local officials? C.
To state a Section 1983 claim, the plaintiff is required to allege that (1) the conduct complained of was committed by a person acting under the color of state law; and (2) the conduct deprived the plaintiff of a constitutional right.