Federal Pro Se [Non-prisoner] Complaint Form:
** THIS IS NOT A FEDERAL PRO SE COMPLAINT FORM *****
New Hampshire Federal Pro Se - Non-Prisoner - Complaint Form
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State:
Multi-State
Control #:
US-01991
Format:
Word;
Rich Text
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How to fill out Federal Pro Se - Non-Prisoner - Complaint Form?
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FAQ
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.
Civil rights are rights that citizens have to ensure political and social freedom and equality. An individual citizen can sue a government employee for violating their civil rights under 42 U.S.C. § 1983, also known as the Civil Rights Act of 1871, a federal law.
Under 42 U.S.C. § 1983, you may sue state or local officials for the ?deprivation of any rights, privileges, or immunities secured by the Constitution and [federal laws].? Under Bivens v.
42 U.S.C. section 1983 allows police-misconduct victims to hold wrongdoing officers, their supervisors, and employers accountable.
This claim must be filed in federal court, and you will need to show that the violation occurred while the officer was acting under color of law. You will also need to show that the violation resulted in some kind of harm, such as physical injury, emotional distress, or financial damages.
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.
UNDER THE CIVIL RIGHTS STATUTE, 42 U.S.C. § 1983. I. Scope of Section 1983. An action under Section 1983 is available to challenge violations of the federal constitution or federal statutes which affect the conditions of your confinement or your treatment by government employees while in custody.
Section 1983 is a remedial statute authorizing a civil action against defendants who act under color of state law and violate rights otherwise secured under federal law. The statute confers no substantive rights.