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42 USC 1983 claims

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Yoshikawa v. Seguirant (9th Cir. 2023) 59 F.4th 998

This en banc decision holds that there is no implied right of action arising directly from 42 USC 1981.  Instead, the substantive rights which section 1981 confers are enforced through an action under 42 USC 1983.  Federation ofAfrican American Contractors v. City of Oakland  (9th Cir. 1996) 96 F.3d 1204, which held to the contrary is overruled. Read More

Health & Hosp. Corp. v. Talevski, No. 21-806, 2023 U.S. LEXIS 2421 (June 8, 2023)

42 USC 1983 confers a right of action against a person who, under color of state law, acts to deprive the plaintiff of rights, privileges and immunites secured by the Constitution and laws.  "Laws" means federal statutes, so long as those statutes unambiguously confer federal rights on individuals and enforcement under section 1983 does not conflict with a specific enforcement… Read More

O’Handley v. Weber, No. 22-15071, 2023 U.S. App. LEXIS 5729 (9th Cir. Mar. 10, 2023)

This decision affirms dismissal of plaintiff's 42 USC 1983 claims against Twitter and California's Secretary of State for lack of state action.  After the Secretary of State's office flagged plaintiff's tweets as false or misleading, Twitter removed them for violating its content-moderation policy.  Despite its interaction with state officials, Twitter's enforcement of its own content moderation policy did not constitute… Read More