To initiate a Section 1983 lawsuit, follow these steps


Section 1983 lawsuit is a civil rights lawsuit. It can be filed by someone whose civil rights have been violated. You can file a lawsuit if the wrongdoer was acting under color of law.1

Civil rights are those guaranteed by the U.S. Constitution or certain federal laws. The Supreme Court recognizes that there is a deprivation of rights when:

  • police misconduct such as excessive force and unreasonable use of force (like the use of a taser during an arrest),2
  • police officers wantonly search your home and kill their dogs,3
  • a judge sexually assaults women while in the course of his/her job,4
  • state officials strip welfare recipients of their benefits,5
  • jail guards put an ex-gang member in a prison cell with current gang members, even after being told of the danger.6

Rights guaranteed by state law cannot be the basis of a Section 1983 lawsuit. Only federal rights are protected by the statute.7

1.1. How it works

Technically, Section 1983 is nothing more than a procedural device based on a federal statute. It gives federal courts jurisdiction to hear civil rights actions.

No one can be liable under Section 1983. Instead, it creates liability for violating other federal laws. That is why 1983 cases always include an alleged violation of another law, such as the:

  • First Amendment (freedom of speech, religion, and the press),
  • Fourth Amendment (for example, arrests without probable cause, unreasonable searches),8
  • Eighth Amendment (freedom from cruel and unusual punishment),9
  • Fourteenth Amendment (for example, lack of due process, equal protection), or
  • Social Security Act.10

on this day 6/15


1215 – King John of England put his seal on the Magna Carta.

1381 – The English peasant revolt was crushed in London.

1389 – Ottoman Turks crushed Serbia in the Battle of Kosovo.

1607 – Colonists in North America completed James Fort in Jamestown, VA.

1667 – Jean-Baptiste Denys administered the first fully-documented human blood transfusion. He successfully transfused the blood of a sheep to a 15-year old boy.

1752 – Benjamin Franklin experimented by flying a kite during a thunderstorm. The result was a little spark that showed the relationship between lightning and electricity.

1775 – George Washington was appointed head of the Continental Army by the Second Continental Congress.

1836 – Arkansas became the 25th U.S. state.

1844 – Charles Goodyear was granted a patent for the process that strengthens rubber.

1846 – The United States and Britain settled a boundary dispute concerning the boundary between the U.S. and Canada, by signing a treaty.

1864 – An order to establish a military burial ground was signed by Secretary of War Edwin M. Stanton. The location later became known as Arlington National Cemetery.

1866 – Prussia attacked Austria.

1877 – Henry O. Flipper became the first African American to graduate from the U.S. Military Academy at West Point.

1898 – The U.S. House of representatives approved the annexation of Hawaii.

1909 – Benjamin Shibe patented the cork center baseball.

1911 – The Computing-Tabulating-Recording Co. was incorporated in the state of New York. The company was later renamed International Business Machines (IBM) Corp.

1916 – U.S. President Woodrow Wilson signed a bill incorporating the Boy Scouts of America.

1917 – Great Britain pledged the release of all the Irish captured during the Easter Rebellion of 1916.

1919 – Captain John Alcock and Lt. Arthur W. Brown won $50,000 for successfully completing the first, non-stop trans-Atlantic plane flight.

1938 – Johnny Vandemeer (Cincinnati Reds) pitched his second straight no-hitter.

1940 – The French fortress of Verdun was captured by Germans.

1944 – American forces began their successful invasion of Saipan during World War II.

1947 – The All-Indian Congress accepted a British plan for the partition of India.

1948 – Soviet authorities announced that the Autobahn would be closed indefinitely “for repairs.”

1958 – Greece severed military ties to Turkey because of the Cypress issue.

1964 – The last French troops left Algeria.

1978 – King Hussein of Jordan married 26-year-old American Lisa Halaby, who became Queen Noor.

1981 – The U.S. agreed to provide Pakistan with $3 billion in military and economic aid from October 1982 to October 1987.

1982 – In the capital city of Stanley, the Falklands war ended as Argentine troops surrendered to the British.

1983 – The U.S. Supreme Court reinforced its position on abortion by striking down state and local restriction on abortions.

1986 – Pravda, the Communist Party newspaper, reported that the chief engineer of the Chernobyl nuclear plant was dismissed for mishandling the incident at the plant.

1992 – It was ruled by the U.S. Supreme Court that the government could kidnap criminal suspects from foreign countries for prosecution.

1992 – U.S. Vice President Dan Quayle instructed a student to spell “potato” with an “e” on the end during a spelling bee. He had relied on a faulty flash card that had been written by the student’s teacher.

1994 – Israel and the Vatican established full diplomatic relations.

1999 – South Korean naval forces sank a North Korean torpedo boat during an exchange in the disputed Yellow Sea.

HIPAA Rights … You should know them – a repost


Dept. of Health & Human Services

Information is powerful medicine. The Health Insurance Portability and Accountability Act (HIPAA) gives you the right to get your personal health information, make sure it’s correct and know who has seen it. With access to your own medical records, you can make decisions with your health care provider, track your medications and dosages, and much more.

Understand Your HIPAA Rights

Know Your Rights: HIPAA Privacy Rule

Read More: Information Is Powerful Medicine: Understanding Your HIPAA Rights

NATIONAL FLAG DAY ~ 6/14


National Flag Day June 14

On June 14 we honor Old Glory on National Flag Day.  This day commemorates the adoption of the United States flag on June 14, 1777.

On National Flag Day, Americans show respect for the U.S. Flag and what it represents.  Representing independence and unity, the Stars and Stripes have become a powerful symbol of Americanism and is flown proudly.

While Betsy Ross has been given credit for stitching together the first American flag, there isn’t any sound evidence supporting the story.  At the same time, there is any to disprove it, either.  During Ross’s Revolutionary time, several standards were carried bearing red and white stripes and varying symbols where the blue field and stars now reside.  Since 1777, the design of the flag has been officially modified 26 times.  For 47 years, the 48-star flag was in effect.  In 1959, the 49-star version became official on July 4.  President Eisenhower ordered the 50-star flag on August 21, 1959.

Seventeen-year-old Robert G. Heft of Ohio designed the 50-star American flag.  His was one f the more than 1,500 designs that were submitted to President Dwight D. Eisenhower. 

HOW TO OBSERVE

Many people have died protecting our country.  On National Flag Day, raise the flag and fly it proudly. Use #NationalFlagDay to post on social media.

HISTORY

On May 30, 1916, President Woodrow Wilson issued a proclamation deeming June 14 as Flag Day.  President Wilson stated, “It is the anniversary of the day upon which the flag of the United States was adopted by the Congress as the emblem of the Union.” He also wrote, “On that day rededicate ourselves to the nation, ‘one and inseparable’ from which every thought that is not worthy of our fathers’ first vows in independence, liberty, and right shall be excluded and in which we shall stand with united hearts.”

There are over 1,500 national days. Don’t miss a single one. Celebrate Every Day with National Day Calendar!

nationaldaycalendar.com

1888 – The U.S. Congress created the Department of Labor


 

The Department of Labor (DOL) was created by act of March 4, 1913 (29 U.S.C. 551). A Bureau of Labor was first created by Congress by act of June 24, 1884, in the Interior Department. The Bureau of Labor later became independent as a Department of Labor without executive rank by act of June 13, 1888.

The Department of Labor fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States, by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements. In carrying out this mission, the Department administers a variety of Federal labor laws including those that guarantee workers’ rights to safe and healthful working conditions; a minimum hourly wage and overtime pay; freedom from employment discrimination; unemployment insurance; and other income support.

federalregister.gov

well, it’s supposed to … right? ~ Nativegrl77