Have Legal Questions? Ask a Lawyer Now.
Hello,A "1983" lawsuit stands on its own. It requires no other legal action, because federal court jurisdiction arises wherever a claim is pleaded under federal law. The elements of a 1983 claim are:1. conduct by a “person”;2. who acted “under color of state law”;3. proximately causing;4. a deprivation of a federally protected right.Litigants file state tort complaints in addition to a 1983 claim, because it's possible for the federal court to assert "supplemental jurisdiction," once federal jurisdiction for a specific claim is established. But, it's not necessary to plead a tort claim in order to obtain federal jurisdiction for a 1983 claim. Please let me know if my answer is helpful, or if I can provide further clarification or assistance. And, thanks for using justanswer.com!
Thank you very much. Your answer was very helpful.
I was wondering...what is a supplemental jurisdiction? How could that possibly interfere in receiving full compensation for the violations at federal level?
Yes, thank you very much :)
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).