3-E | WHAT ESTABLISHES A PRIMA FACIE CASE UNDER SECTION 1983?

1) The plaintiff must prove that the defendant, acting under color of state law, deprived the plaintiff of his/her constitutional rights.

2) State action is required.

a) The state action requirement reaches employment discrimination involving police, fire departments, public schools, colleges and universities, public hospitals, and public transportation authorities.

b) Private entities may be so involved with the state that state action is found. This may happen in varying circumstances including:

(1) Licensing, regulation, receipt of public funds, location in state owned facilities;

(2) Carrying out functions normally carried out by state; and

(3) State supported monopoly

c) Graham v. Connor, 490 U.S. 386 (1989):

The plaintiff must identify one or more specific constitutionally protected rights that have been infringed by the defendant’s actions.

American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006