Chat with us, powered by LiveChat

Compare and contrast the Bivens action and the §1983 action. At a minimum: identify who/what each action can be brought against (who can be sued or who the defendants can be in the action).

Description

For our first class discussion:

1. Compare and contrast the Bivens action and the §1983 action. At a minimum:

(a) identify who/what each action can be brought against (who can be sued or who the defendants can be in the action)

(b) the elements that must be pled/alleged by the plaintiff to properly assert each cause of action, and

(c) answer why an understanding these two civil actions is important to this class and/or to your understanding of civil liability.

Your are required to compose a minimum 650 word response to this prompt with proper APA citations*. Identifying the elements of these actions will require a careful reading of 42 USC § 1983 and the Supreme Court cases which have been assigned.