Federal Pro Se [Non-prisoner] Complaint Form:
** THIS IS NOT A FEDERAL PRO SE COMPLAINT FORM *****
Oklahoma Federal Pro Se - Non-Prisoner - Complaint Form
Category:
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
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.
Whether you deliver or mail your complaint to the court, you must submit (i) an original of the complaint, (ii) a completed cover sheet, a copy of which can be obtained from the clerk's office, and (iii) the $402 filing fee. filing fee and any costs to have the complaint served in installments.
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.
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.
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.
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.
However, the U.S. Supreme Court has interpreted Section 1983 of the U.S. Code to permit prisoners to sue state correctional officials when the conditions of confinement fail to meet constitutional standards of physical security, adequate medical treatment, freedom of religious expression, and so forth.