Civil Rights Acts Reconstruction
Section 1983 and Reconstruction Civil Rights Acts allow and authorize a wide range of actions suits against the State and local governments. Such regulations are necessary for mostly cases of deprivation and violation of federal rights. It gives more freedoms than previous acts allowed and clarifies few important moment concerning the procedures against government and State officials. There are two basic principles according to section 1983 which regulate and limit actions against State and local law enforcement officers.
One of the limits placed by the Supreme Court is the establishment of four-part test in order to check the intention of the Congress to imply the right to sue under a federal statute. In means that plaintiff has to prove few things, such as membership to the class, the fact that the right to sue the case is consistent with statutory purposes. Plaintiff also has to provide the evidence that Congress is aims to give a private remedy. In summary, plaintiff must prove two basic things: the intention of Congress to provide a private remedy and a private right.
Ig the plaintiffs manages to prove that the statute is intended to provide him with individual private rights, this particular right becomes enforceable under the section 1983. This makes plaintiffs the main beneficiary in most of the cases of statute enforcement. However, the Supreme Court is conscious about that and places a lot of limits and principal objections to force plaintiffs to provide sufficient evidences for his right to sue to enforce the …
