Difference between revisions of "42 U.S.C. § 1983"

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Section 1983 is not a source of rights. Which rights are protected.
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Section 1983 is not a source of rights. At least three categories of rights are protected:
 
#Some Bill of Rights are made applicable to the states by incorporation or "fundamental rights".
 
#Some Bill of Rights are made applicable to the states by incorporation or "fundamental rights".
 
#Substantive component of due process that bars government action "regardless of the fairness of the procedure used to implement them" (Example: right to privacy, reproductive freedom, contraception, sexuality).
 
#Substantive component of due process that bars government action "regardless of the fairness of the procedure used to implement them" (Example: right to privacy, reproductive freedom, contraception, sexuality).

Revision as of 18:04, 10 August 2010