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Does Section 1983 apply to non-governmental conduct?

Generally, no.

Section 1983 doesn't restrict the conduct of private entities or individuals who aren't acting "under color of law."

Section 1983 (Title 42, United States Code, Section 1983) is the federal statute that allows people to bring claims against state and local officials for constitutional and some federal statutory violations.

It does not apply to private entities who are not acting "under color of law."

Just receiving federal funding (like a hospital receiving Medicare payments) doesn't mean the entity is acting under color of law.

There has to be more.

So, for example, a private company that is suppressing your speech isn't likely subjection to Section 1983 and you can't sue it for violating your constitutional rights.


Related Practice Areas
Constitutional LawFirst AmendmentGovernment Ethics, Misconduct, Fraud, & AbusePolice Misconduct & BrutalityFirst Amendment RetaliationSection 1983 Litigation: Holding Government Officials Accountable for Constitutional ViolationsPolice Brutality in California: What Are Your Rights?

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