Thursday, August 19, 2010

Accreditation and Civil Liability | CALEA®

Accreditation and Civil Liability CALEA®With respect to the second element, a plaintiff must allege a violation of a constitutional or statutory right. It is important to note that section 1983 does not confer substantive rights – it only allows one to bring suit for a deprivation of an established constitutional or statutory right. Thus, there are three basic types of claims:
Claims under the substantive component of the due process clause (i.e. marriage, family, procreation, and bodily intrusions or excessive force in non-seizure or non-prisoner cases).[xx]
Claims under the procedural component of the due process clause (i.e. life, liberty, or property). [xxi]
Claims for the deprivation of specific rights denoted in the Bill of Rights, that fall under the Fourteenth Amendment through the principle of incorporation.[xxii]

No comments:

Post a Comment
Phil Reddish telling on him self