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Encyclopedia of Prisons & Correctional Facilities

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Encyclopedia of Prisons & Correctional Facilities

Mary Bosworth

Pub. date: 2005 | Online Pub. Date: September 15, 2007 | DOI:http://dx.doi.org/10.4135/9781412952514 | Print ISBN: 9780761927310 | Online ISBN: 9781412952514 | Publisher:SAGE Publications, Inc.

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Section 1983 of the Civil Rights Act

Paul M. Lucko

Section 1983 of the Federal Civil Rights Act protects individuals from abuse by governments and their employees. The law reads in part: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in an any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable ...

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